VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01530
Package ID: USCOURTS-cofc-1_16-vv-01530
Petitioner: Crystal Adkins
Filed: 2016-11-16
Decided: 2018-01-29
Vaccine: influenza
Vaccination date: 2015-11-02
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 67915

AI-assisted case summary:
Crystal Adkins filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on November 2, 2015, and subsequently suffered a left shoulder injury caused by the vaccine. The respondent, the Secretary of Health and Human Services, conceded that the evidence established a causal link between the flu vaccine and Ms. Adkins' left shoulder injury, which is commonly known as SIRVA. The respondent also agreed that the statutory six-month sequela requirement was met. Following the ruling on entitlement, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $67,915.00, which Ms. Adkins agreed to. This amount was intended to cover all elements of compensation available under the Vaccine Act. The Chief Special Master issued a decision awarding Ms. Adkins a lump sum payment of $67,915.00. The case was processed as an off-Table claim, and the award was based on a stipulation between the parties.

Theory of causation field:
Off-Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01530-0
Date issued/filed: 2017-12-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/25/2017) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01530-UNJ Document 34 Filed 12/19/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1530V
Filed: May 25, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CRYSTAL ADKINS, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Left Shoulder
* Injury; Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 16, 2016, Crystal Adkins (“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 received an
influenza (“flu”) vaccine on November 2, 2015, and thereafter suffered from a left
shoulder injury that was caused-in-fact by the flu vaccine. Petition at 1-2. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On May 24, 2017, 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 states that “a preponderance of the evidence establishes that
the injury to petitioner’s left shoulder was caused-in-fact by the administration of her
November 2, 2015 flu vaccine, and that petitioner’s injury is not due to factors unrelated
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 1:16-vv-01530-UNJ Document 34 Filed 12/19/17 Page 2 of 2
to the administration of the flu vaccine.” Id. at 3. Respondent further agrees that the
statutory six month sequela requirement has been satisfied. Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-01530-1
Date issued/filed: 2018-01-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 8/1/2017) regarding 24 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01530-UNJ Document 35 Filed 01/29/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1530V
Filed: August 1, 2017
UNPUBLISHED
CRYSTAL ADKINS,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 16, 2016, 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 from a left shoulder injury that was
caused-in-fact by the flu vaccine. Petition at 1-2. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 25, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her shoulder injury. On August 1, 2017, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $67,915.00.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
proffered award. Based on the record as a whole, the undersigned finds that petitioner
is entitled to an award as stated in the Proffer.
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-01530-UNJ Document 35 Filed 01/29/18 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $67,915.00 in the form of a check payable to
petitioner, Crystal Adkins. This amount represents compensation for all damages
that would be available under § 300aa-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 1:16-vv-01530-UNJ Document 35 Filed 01/29/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
CRYSTAL ADKINS, )
)
Petitioner, )
) No. 16-1530
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$67,915.00 which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $67,915.00 in the form of a check payable to petitioner.
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 medical
expenses, future lost earnings, and future pain and suffering.

Case 1:16-vv-01530-UNJ Document 35 Filed 01/29/18 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
Date: August 1, 2017
2