VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00364
Package ID: USCOURTS-cofc-1_19-vv-00364
Petitioner: Crystal Mertins
Filed: 2021-02-17
Decided: 2021-03-19
Vaccine: influenza
Vaccination date: 2015-10-06
Condition: left shoulder injury related to vaccination administration (SIRVA)
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Crystal Mertins filed a petition for vaccine compensation on February 17, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 6, 2015. She stated the vaccine was administered in the United States, the injury had residual effects for more than six months, and she had not received any prior award or settlement for this condition. Respondent denied that petitioner sustained a SIRVA Table injury or that the flu vaccine caused her condition. Despite the denial, the parties filed a joint stipulation on February 17, 2021, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision. Mertins was awarded a lump sum of $30,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim, and the award was based on a joint stipulation.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-00364-0
Date issued/filed: 2021-03-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/17/2021) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00364-UNJ Document 47 Filed 03/19/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-364V
UNPUBLISHED
CRYSTAL MERTINS, Chief Special Master Corcoran
Petitioner, Filed: February 17, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On March 11, 2019, Crystal Mertins filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”).3 Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on
October 6, 2015. Amended Petition at 1; Stipulation, filed on February 17, 2021, at ¶¶ 1-
2, 4. Petitioner further alleges that the vaccine was administered within the United States;
that she suffered the residual effects of her alleged injury for more than six months; and
that there has been no prior award or settlement of a civil action for damages on her
behalf as a result of her condition. Amended Petition at 1-2, 13; Stipulation at ¶¶ 3-5.
“Respondent denies that petitioner sustained a SIRVA Table injury, and denies that the
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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). 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).
3 Petitioner filed an Amended Petition on September 30, 2019. ECF No. 22.

Case 1:19-vv-00364-UNJ Document 47 Filed 03/19/21 Page 2 of 7
flu vaccine caused petitioner to suffer a left shoulder injury or any other injury or her
current condition.” Stipulation at ¶ 6.
Nevertheless, on February 17, 2021, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $30,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the clerk of the 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.
2

Case 1:19-vv-00364-UNJ Document 47 Filed 03/19/21 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CRYSTAL MERTINS,
)
)
Petitioner,
)
No. 19-364V
)
Chief Special Master Corcoran
V. )
ECF
)
SECRETARY OF HEALTH AND
)
HUMAN SERVICES,
)
)
Respondent.
)
STIPULATION
The parties hereby stipulate to the following matters:
1.Crystal Mertins, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on October 6, 2015.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she suffered from a left shoulder injury related to vaccination
administration ("SIRVA") within the time period set forth in the Table following receipt of the
flu vaccine and that she experienced the residual effects of this alleged injury for more than six
months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.

Case 1:19-vv-00364-UNJ Document 47 Filed 03/19/21 Page 4 of 7

Case 1:19-vv-00364-UNJ Document 47 Filed 03/19/21 Page 5 of 7

Case 1:19-vv-00364-UNJ Document 47 Filed 03/19/21 Page 6 of 7

Case 1:19-vv-00364-UNJ Document 47 Filed 03/19/21 Page 7 of 7