VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00619
Package ID: USCOURTS-cofc-1_17-vv-00619
Petitioner: Crystal Martin
Filed: 2017-05-09
Decided: 2018-12-12
Vaccine: influenza
Vaccination date: 2015-10-08
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 97957

AI-assisted case summary:
Crystal Martin filed a petition for compensation under the National Vaccine Injury Compensation Program on May 9, 2017, alleging she suffered left shoulder injuries as a result of an influenza vaccine received on October 8, 2015. The respondent conceded that her claim met the Vaccine Injury Table criteria for shoulder injury related to vaccine administration (SIRVA) and that she was entitled to a presumption of vaccine causation. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and that petitioner suffered residual effects for more than six months. A ruling on entitlement was issued on January 26, 2018, finding petitioner entitled to compensation. On October 22, 2018, the respondent filed a proffer on award of compensation, stating that petitioner should be awarded $97,957.05, which included $97,500.00 for pain and suffering and $457.05 for past lost wages. Petitioner agreed with this award. The Chief Special Master issued a decision awarding Crystal Martin a lump sum payment of $97,957.05 on December 12, 2018.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00619-0
Date issued/filed: 2018-05-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/26/2018) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:17-vv-00619-UNJ Document 33 Filed 05/14/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0619V
Filed: January 26, 2018
UNPUBLISHED
CRYSTAL MARTIN,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH AND Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 9, 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 left shoulder injuries as a result of an
influenza vaccine received on October 8, 2015. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On January 26, 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 states that petitioner’s claim meets the Vaccine Injury
Table criteria for shoulder injury related to vaccine administration (“SIRVA”) and that
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-00619-UNJ Document 33 Filed 05/14/18 Page 2 of 2
petitioner is entitled to a presumption of vaccine causation Id. at 1-2. Respondent
further agrees that the case was timely filed, that the vaccine was received in the United
States, and that petitioner suffered the residual effects or complications of her injury for
more than six months after vaccine administration. Id. at 2.
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-00619-1
Date issued/filed: 2018-12-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/22/2018) regarding 48 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00619-UNJ Document 51 Filed 12/12/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0619V
Filed: October 22, 2018
UNPUBLISHED
CRYSTAL MARTIN,
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); Left
Shoulder Injuries
Respondent.
Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 9, 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 left shoulder injuries as a result of an
influenza vaccine received on October 8, 2015. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On January 26, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her shoulder injuries. On October 22, 2018, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
awarded $97,957.05 (including $97,500.00 for actual and projected pain and suffering
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-00619-UNJ Document 51 Filed 12/12/18 Page 2 of 4
and $457.05 for past lost wages). 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. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $97,957.05 (including $97,500.00 for actual and
projected pain and suffering and $457.05 for past lost wages) in the form of a check
payable to petitioner, Crystal Martin. 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-00619-UNJ Document 51 Filed 12/12/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
*
CRYSTAL MARTIN, *
*
Petitioner, *
*
v. * No. 17-619V (ECF)
* Chief Special Master
* NORA BETH DORSEY
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
$97,957.05, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a), including $97,500.00 for actual and projected pain and suffering
and $457.05 in past lost wages.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 $97,957.05 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
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 and future pain and suffering.

Case 1:17-vv-00619-UNJ Document 51 Filed 12/12/18 Page 4 of 4
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/ GLENN A. MACLEOD
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4122
DATE: October 22, 2018
2