VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01609
Package ID: USCOURTS-cofc-1_17-vv-01609
Petitioner: Joan Creech
Filed: 2017-10-26
Decided: 2019-10-17
Vaccine: influenza
Vaccination date: 2015-10-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 133055

AI-assisted case summary:
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.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01609-0
Date issued/filed: 2018-10-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/28/2018) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01609-UNJ Document 33 Filed 10/31/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1609V
Filed: September 28, 2018
UNPUBLISHED
JOAN CREECH,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Jessica Anne Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Meredith Burns Healy, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 26, 2017, 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”) causally related to an adverse reaction to the influenza
vaccination she received on October 10, 2015. Petition at ¶¶ 1, 15. Petitioner further
alleges she received the vaccination in the United States, suffered the residual effects
of her injury for more than six months, and that neither she nor any other party has
brought a civil action or received compensation for her injury, alleged as vaccine
caused. Id. at ¶¶ 1, 16, 19-20. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
1 Because this unpublished ruling 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 1:17-vv-01609-UNJ Document 33 Filed 10/31/18 Page 2 of 2
On September 28, 2018, respondent filed his Rule 4(c) report in which he
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, respondent indicates “[i]t is respondent’s position that
petitioner has satisfied the criteria for SIRVA set forth in the recently revised Vaccine
Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which
afford petitioner a presumption of causation.” Id. at 7. Respondent further agrees that
“based on the record as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01609-1
Date issued/filed: 2019-10-17
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/08/2019) regarding 53 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:17-vv-01609-UNJ Document 63 Filed 10/17/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1609V
Filed: July 8, 2019
UNPUBLISHED
JOAN CREECH,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 26, 2017, 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”) causally related to an adverse reaction to the influenza
vaccination she received on October 10, 2015. Petition at ¶¶ 1, 15. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On September 28, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her SIRVA. On July 5, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $133,055.89.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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 1:17-vv-01609-UNJ Document 63 Filed 10/17/19 Page 2 of 4
proffered award. Id. Based on the record as a whole, the undersigned finds that
petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $133,055.89 in the form of a check payable to
petitioner, Joan Creech. This amount represents compensation for all damages that
would be available under § 15(a).
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

Case 1:17-vv-01609-UNJ Document 63 Filed 10/17/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOAN CREECH, )
)
Petitioner, )
)
v. ) No. 17-1609V
) Chief Special Master Nora Beth Dorsey
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 28, 2018, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury
Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on September 28, 2018,
the Chief Special Master issued a Ruling on Entitlement.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $133,055.89. This amount
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $133,055.89 in the form of a check payable to petitioner.1 This
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future pain and suffering, and future lost wages.

Case 1:17-vv-01609-UNJ Document 63 Filed 10/17/19 Page 4 of 4
lump sum payment represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: July 5, 2019
2