VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00298
Package ID: USCOURTS-cofc-1_17-vv-00298
Petitioner: Jackie Crook
Filed: 2017-11-27
Decided: 2018-05-21
Vaccine: influenza
Vaccination date: 2016-03-15
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80810

AI-assisted case summary:
Jackie Crook filed a petition for compensation under the National Vaccine Injury Compensation Program on March 3, 2017, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on March 15, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 27, 2017, conceding that petitioner's left shoulder injury was consistent with SIRVA and was caused-in-fact by the flu vaccine. The respondent also agreed that no other causes for the injury were identified and that the sequelae of the injury lasted for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 27, 2017, finding petitioner entitled to compensation. Subsequently, on March 12, 2018, the respondent filed a proffer on the award of compensation. The parties agreed to a total award of $80,810.90, which included $80,000.00 for actual and projected pain and suffering and $810.90 for past unreimbursable expenses. Chief Special Master Dorsey issued a decision awarding damages on May 21, 2018, granting the lump sum payment to Jackie Crook. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Alexis B. Babcock of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury beyond it being consistent with SIRVA.

Theory of causation field:
Petitioner Jackie Crook alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on March 15, 2016. The respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the vaccine, with no other causes identified. The public text does not specify the medical mechanism of injury, expert testimony, or specific diagnostic findings. The case resulted in a ruling on entitlement on November 27, 2017, and a subsequent award of $80,810.90 on May 21, 2018, based on a proffer agreed to by both parties. The award consisted of $80,000.00 for pain and suffering and $810.90 for past unreimbursable expenses. Chief Special Master Nora Beth Dorsey presided over the case. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Alexis B. Babcock. The theory of causation was considered off-Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00298-0
Date issued/filed: 2018-03-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/27/2017) regarding 19 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00298-UNJ Document 25 Filed 03/01/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0298V
Filed: November 27, 2017
UNPUBLISHED
JACKIE CROOK,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH Vaccine Administration (SIRVA)
AND HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 3, 2017, Jackie Crook (“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
related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she
received on March 15, 2016. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On November 27, 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 “petitioner’s left shoulder injury is
consistent with SIRVA, and that it was caused-in-fact by the flu vaccine she received on
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-00298-UNJ Document 25 Filed 03/01/18 Page 2 of 2
March 15, 2016. Id. at 3. Respondent further agrees that no other causes for
petitioner’s SIRVA were identified, and records show that she suffered the sequela of
her injury for more than six months. Id. at 3-4.
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-00298-1
Date issued/filed: 2018-05-21
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 3/13/2018) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00298-UNJ Document 36 Filed 05/21/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0298V
Filed: March 13, 2018
UNPUBLISHED
JACKIE CROOK,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 3, 2017, Jackie Crook (“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”) as a result of an influenza (“flu”) vaccine she
received to her left arm on March 15, 2016. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On November 27, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation. On March 12, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $80,000.00 for actual
and projected pain and suffering and $810.90 for past unreimbursable expenses for a
total of $80,810.90. Proffer at 1. In the Proffer, respondent represented that petitioner
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 1:17-vv-00298-UNJ Document 36 Filed 05/21/18 Page 2 of 5
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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $80,810.90, representing ($80,000 for actual and
projected pain and suffering and $810.90 for past unreimbursable expenses) in the
form of a check payable to petitioner, Jackie Crook. 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 1:17-vv-00298-UNJ Document 36 Filed 05/21/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JACKIE CROOK, )
)
Petitioner, )
) No. 17-298V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 3, 2017, Jackie Crook (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that she suffered a left shoulder injury that was “caused in fact” by an
influenza (“flu”) vaccine administered on March 15, 2016. Petition at ¶¶ 1. On November 27,
2017, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report
indicating that this case is appropriate for compensation under the terms of the Act, and the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation the
same day. ECF No. 18; ECF No. 19.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Jackie Crook should be awarded $80,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.

Case 1:17-vv-00298-UNJ Document 36 Filed 05/21/18 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Jackie Crook’s expenditure of past
unreimbursable expenses related to her vaccine-related injury. Respondent proffers that
petitioner should be awarded past unreimbursable expenses in the amount of $810.90, as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to Jackie Crook should be made
through a lump sum payment as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following1: a lump sum payment of $80,810.90,
representing compensation for pain and suffering ($80,000.00), and past unreimbursable
expenses ($810.90), in the form of a check payable to petitioner, Jackie Crook.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Jackie Crook: $80,810.90
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
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 lost earnings
and future pain and suffering.
2

Case 1:17-vv-00298-UNJ Document 36 Filed 05/21/18 Page 5 of 5
LINDA S. RENZI
Senior Trial Attorney
Torts Branch, Civil Division
s/ Alexis B. Babcock
Alexis B. Babcock
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-7378
Fax: (202) 616-4310
DATED: March 12, 2018
3