VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00309
Package ID: USCOURTS-cofc-1_21-vv-00309
Petitioner: Sally Creedon
Filed: 2021-01-08
Decided: 2024-09-26
Vaccine: influenza
Vaccination date: 2019-12-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Sally Creedon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on December 2, 2019. The case proceeded as a Table claim, with the respondent disputing that the Table elements were met, specifically the onset of pain within 48 hours of vaccination. The parties were ordered to file briefs, and the dispute was ultimately resolved via an expedited hearing on August 9, 2024. Following the hearing, the Chief Special Master issued a ruling finding that Sally Creedon had established entitlement to compensation. The decision determined that she suffered the onset of pain within 48 hours of vaccination and satisfied all other SIRVA Table requirements, as well as the additional requirements for residual effects lasting six months. Accordingly, Sally Creedon was awarded a lump sum payment of $125,000.00 for her actual pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00309-0
Date issued/filed: 2024-09-26
Pages: 3
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/09/2024) regarding 44 DECISION of Special Master, Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:21-vv-00309-UNJ Document 50 Filed 09/26/24 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-309V
SALLY CREEDON, Chief Special Master Corcoran
Petitioner, Filed: August 9, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES1
On January 8, 2021, Sally Creedon 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 alleged that she suffered a Table injury – shoulder injury related
to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccine received
on December 2, 2019. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters. Because entitlement was contested, the parties
1 Because this Ruling and Decision contains a reasoned explanation for the action taken in this case, it
must be made publicly accessible and will be posted on the United States Court of Federal Claims' website,
and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic
Government Services). 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, I agree that the identified material fits within this definition, I 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:21-vv-00309-UNJ Document 50 Filed 09/26/24 Page 2 of 3
were ordered to file briefs addressing whether Petitioner has established a Table case,
and setting forth their respective arguments on damages should I find entitlement in favor
of Petitioner. ECF No. 29. The parties were subsequently notified that I would resolve this
dispute via an expedited “Motions Day” hearing, which ultimately took place on August 9,
2024.
Petitioner argues she has established a Table claim for SIRVA pursuant to 42
C.F.R. §§ 100.3(a)(XIV)(B), 100.3(c)(10) and seeks an award of $ 135,000.00 in
compensation for Petitioner’s actual pain and suffering. ECF No. 3 3. Respondent
disputes that the Table elements have been met, arguing that Petitioner has failed to
establish that she suffered the onset of pain within 48 hours of vaccination pursuant
C.F.R. §§ 100.3(a)(XIV)(B), 100.3(c)(10)(ii). ECF Nos. 28, 36. Otherwise, if I find that
Petitioner has established a Table case, Respondent recommends an award of
$90,000.00. ECF No. 36.
After listening to the arguments of both sides, I issued an oral ruling on entitlement
and damages constituting my findings of fact and conclusions of law, pursuant to Section
12(d)(3)(A). An official recording of the proceeding was taken by a court reporter, although
a transcript has not yet been filed in this matter. I hereby fully adopt and incorporate that
oral ruling as officially recorded. In another recent decision I discussed at length the legal
standards to be considered in determining entitlement and damages and prior SIRVA
compensation within SPU. I incorporate herein my prior discussion in Sections V - VII of
Crawford v. Sec'y of Health & Hum. Servs., No. 19-0544V, 2024 WL 1045147, at *12-22
(Fed. Cl. Spec. Mstr. Feb. 5, 2024) to the instant Ruling and Decision. Additionally, the
official recording of my oral ruling includes my discussion of various comparable cases
as well as specific facts relating to Petitioner’s medical history and experience that further
informed my resolution of this matter.
Based on my consideration of the complete record as a whole and for the reasons
discussed in my oral ruling, pursuant to Section 12(d)(3)(A) I find that Petitioner has
established that she suffered the onset of pain within 48 hours of her vaccination, and
that all other SIRVA Table requirements pursuant to 42 C.F.R. §§ 100.3(a)(XIV)(B),
100.3(c)(10) were satisfied . Additionally, Petitioner has established the additional
requirements of Section 11(c), i.e., receipt of a covered vaccine, residual effects of injury
lasting six months, etc. See generally § 11(c)(1)(A)(B)(D)( E). I therefore find that
Petitioner is entitled to compensation in this case, and that $125,000.00 represents a fair
and appropriate amount of damages Petitioner’s actual pain and suffering.3
3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96-
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)).
2

Case 1:21-vv-00309-UNJ Document 50 Filed 09/26/24 Page 3 of 3
Accordingly, I award Petitioner a lump sum payment of $125,000.00 in the form
of a check payable to Petitioner. This amount represents compensation for all damages
that would be available under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this Decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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.
3