Joan Creech v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Joan Creech filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) causally related to an influenza vaccination she received on October 10, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Creech is entitled to compensation. The respondent specifically indicated that her injury satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table, affording her a presumption of causation.

Based on the respondent's concession and the evidence of record, the court issued a ruling on entitlement, finding Ms. Creech entitled to compensation.

Subsequently, the parties filed a proffer on award of compensation. The respondent proffered that Ms.

Creech should be awarded $133,055.89, representing all elements of compensation available under the Act, and Ms. Creech agreed with this amount.

The court issued a decision awarding Ms. Creech a lump sum payment of $133,055.89.