VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01194
Package ID: USCOURTS-cofc-1_18-vv-01194
Petitioner: Kathryn E. McCreary
Filed: 2018-08-13
Decided: 2019-10-31
Vaccine: influenza
Vaccination date: 2016-11-09
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47920

AI-assisted case summary:
Kathryn E. McCreary filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 9, 2016. The respondent, the Secretary of Health and Human Services, conceded that Ms. McCreary was entitled to compensation, agreeing that her condition was a SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites. Following the ruling on entitlement, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $47,920.41, which included $47,500.00 for past and future pain and suffering and $420.41 for documented past unreimbursable expenses. Ms. McCreary agreed with this proposed award. The Chief Special Master issued a decision awarding Ms. McCreary a lump sum payment of $47,920.41, representing compensation for all damages available under the Vaccine Act. The decision was dated October 31, 2019, and judgment was to be entered accordingly.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01194-0
Date issued/filed: 2019-10-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/08/2019) regarding 19 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-01194-UNJ Document 30 Filed 10/17/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1194V
Filed: July 8, 2019
UNPUBLISHED
KATHRYN E. MCCREARY,
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.
Robert P. Goodwin, Walsh Roberts & Grace, Buffalo, NY, for petitioner.
.Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 13, 2018, 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 left shoulder injury related to
vaccine administration (“SIRVA”) due to an influenza (“flu”) vaccine administered on
November 9, 2016. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On July 8, 2019, 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 has concluded that petitioner suffered a SIRVA as defined by
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling 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 ruling 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.

Case 1:18-vv-01194-UNJ Document 30 Filed 10/17/19 Page 2 of 2
the Vaccine Injury Table Id. at 3. Respondent further agrees that petitioner has
satisfied all legal prerequisites for compensation under the Vaccine 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_18-vv-01194-1
Date issued/filed: 2019-10-31
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/06/2019) regarding 22 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-01194-UNJ Document 34 Filed 10/31/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1194V
Filed: August 6, 2019
UNPUBLISHED
KATHRYN E. MCCREARY,
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.
Robert P. Goodwin, Walsh Roberts & Grace, Buffalo, NY, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 13, 2018, 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”) following an influenza (“flu”) vaccination administered on
November 9, 2016. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On July 8, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a SIRVA. On August 5, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $47,920.41 consisting
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 1:18-vv-01194-UNJ Document 34 Filed 10/31/19 Page 2 of 4
of $47,500.00 for past and future pain and suffering, and $420.41 for past
unreimbursable expenses. Proffer at 1. In the Proffer, respondent represented that
petitioner agrees with the 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 $47,920.41 (consisting of $47,500.00 for past
and future pain and suffering and $420.41 for past unreimbursable expenses) in
the form of a check payable to petitioner, Kathryn E. McCreary. 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 1:18-vv-01194-UNJ Document 34 Filed 10/31/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KATHRYN E. MCCREARY,
Petitioner,
v. No. 18-1194V
Chief Special Master Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 13, 2018, Kathryn E. McCreary (“petitioner”) filed a petition for vaccine
injury compensation alleging that she suffered a left shoulder injury related to vaccine
administration (“SIRVA”), a Table injury, following receipt of an influenza (“flu”) vaccination
administered on November 9, 2016. Respondent filed his Rule 4(c) Report conceding
entitlement to compensation on July 8, 2019. The Chief Special Master issued a Ruling on
Entitlement that same day.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a total of $47,920.41, consisting of $47,500.00 for her past and future pain and suffering and
$420.41 for documented past unreimbursable expenses. This represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner
agrees.
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 damages.
1

Case 1:18-vv-01194-UNJ Document 34 Filed 10/31/19 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $47,920.41 in the form of a check payable to petitioner.2
Petitioner agrees.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Lisa A. Watts
LISA A. WATTS
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) 616-4099
DATED: August 5, 2019
2 Petitioner is a competent adult. Proof of guardianship is not required in this case.
2