VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00764
Package ID: USCOURTS-cofc-1_16-vv-00764
Petitioner: Mariana Creighton-O’Connor
Filed: 2017-03-03
Decided: 2017-09-22
Vaccine: influenza
Vaccination date: 2014-10-09
Condition: shoulder injury related to vaccine administration (SIRVA), including bursitis to her right shoulder
Outcome: compensated
Award amount USD: 112200

AI-assisted case summary:
Mariana Creighton-O’Connor filed a petition for compensation under the National Vaccine Injury Compensation Program on June 29, 2016. She alleged that she received an influenza vaccine on October 9, 2014, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA), including bursitis to her right shoulder. She further alleged that the residual effects of this injury lasted for more than six months. The respondent denied that the flu vaccine caused the alleged SIRVA or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on March 3, 2017, agreeing that Mariana Creighton-O’Connor should receive compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Mariana Creighton-O’Connor was awarded $112,200.00 as compensation for all items of damages available under the Vaccine Act. This amount was to be paid as a lump sum in the form of a check payable to her. The decision was entered on September 22, 2017. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Lara Ann Englund of the U.S. Department of Justice.

Theory of causation field:
Petitioner Mariana Creighton-O’Connor alleged that an influenza vaccine administered on October 9, 2014, caused a shoulder injury related to vaccine administration (SIRVA), including bursitis to her right shoulder, with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $112,200.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the parties stipulated to an award. The decision was entered on September 22, 2017. Attorneys for petitioner were Paul R. Brazil and for respondent was Lara Ann Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00764-0
Date issued/filed: 2017-09-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/03/2017) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00764-UNJ Document 34 Filed 09/22/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0764V
Filed: March 3, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARIANA CREIGHTON-O’CONNOR, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 29, 2016, Mariana Creighton-O’Connor (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder
injury related to vaccine administration (“SIRVA”), including bursitis to her right
shoulder, as a result of receiving an influenza (“flu”) vaccine on October 9, 2014.
Petition at 1; Stipulation, filed March 3, 2017, at ¶ 4. Petitioner further alleges that she
suffered the residual effects of her injury for more than six months. Petition at 5;
Stipulation at ¶ 4. “Respondent denies that the flu vaccine is the cause of petitioner’s
alleged SIRVA or any other injury or her current condition. ” Stipulation at ¶ 6.
Nevertheless, on March 3, 2017, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00764-UNJ Document 34 Filed 09/22/17 Page 2 of 7
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $112,200.00, in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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