VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00842
Package ID: USCOURTS-cofc-1_19-vv-00842
Petitioner: Crystal Shuhart
Filed: 2019-06-06
Decided: 2021-04-16
Vaccine: influenza
Vaccination date: 2016-12-31
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 37500

AI-assisted case summary:
Crystal Shuhart filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 31, 2016. She claimed the injury met the Table definition for SIRVA or was otherwise caused-in-fact by the vaccine. Respondent denied that petitioner sustained a SIRVA Table injury or that the vaccine caused her injury. Despite these denials, the parties filed a joint stipulation to settle the case. The Chief Special Master adopted the stipulation as the decision awarding damages. Crystal Shuhart was awarded a lump sum of $37,500.00, representing compensation for all damages available under the program. The stipulation also addressed future proceedings for attorneys' fees and costs. The settlement resolved claims for personal injuries allegedly resulting from the flu vaccine administered on December 31, 2016.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00842-0
Date issued/filed: 2021-04-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/16/2021) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00842-UNJ Document 36 Filed 04/16/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0842V
UNPUBLISHED
CRYSTAL SHUHART, Chief Special Master Corcoran
Petitioner, Filed: March 16, 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)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On June 6, 2019, Crystal Shuhart 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”) which meets the Table definition for SIRVA, or, in the alternative,
was caused-in-fact by the influenza vaccine she received on December 31, 2016. Petition
at 1, ¶¶ 9, 40; Stipulation, filed at Mar. 16, 2021, ¶¶ 1-2, 4. Petitioner further alleges that
she received the vaccine in the United States, that she suffered the residual effects of her
SIRVA for more than six months, and that neither she nor any other party has filed a civil
action or received compensation for her SIRVA. Petition at ¶¶ 9, 41-43; Stipulation at ¶¶
3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the
vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that
her current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6.
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).

Case 1:19-vv-00842-UNJ Document 36 Filed 04/16/21 Page 2 of 7
Nevertheless, on March 16, 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 $37,500.00 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.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
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 1:19-vv-00842-UNJ Document 36 Filed 04/16/21 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CRYSTAL SHUHART,
)
)
Petitioner,
) No. 19-842V
v.
) Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, ~
________________
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Crystal Shuhart, 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 the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccination on December 31, 2016.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine
Administration ("SIRVA") as a result of the flu vaccine. She further alleges that she experienced
the residual effects of this condition 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-00842-UNJ Document 36 Filed 04/16/21 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her
current condition is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment: a lump sum of $37,500.00, in the form of a check
payable to petitioner. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-I 5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U .S.C. § 300aa-2 l (a)(]), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
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Case 1:19-vv-00842-UNJ Document 36 Filed 04/16/21 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts awarded
pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner, as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions, causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
alleged to have resulted from, the flu vaccine administered on or about December 31, 2016, as
alleged by petitioner in a petition for vaccine compensation filed on June 6, 2019, in the United
States Court of Federal Claims as petition No. l 9-842V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:19-vv-00842-UNJ Document 36 Filed 04/16/21 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner to suffer a
shoulder injury or any other injury or condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:19-vv-00842-UNJ Document 36 Filed 04/16/21 Page 7 of 7
Respectfully submitted,
AT'l'ORNICY O'ff' RlCCOlUl ·1tOR AlJTIIOIUZICD IU:PRSli;NTATIVI•:
P.F,TITIONF.R: OF THE ATTORNEY GENERAL:
. ~Ct:.t1---u\\1-f?~ 4-{/\r\,,,,.--......_
HEATHER L. PEARLMAN
Jeffrey S. Pop & Associates Acting Deputy Director
9150 Wilshire Blvd. To1ts Branch
Suite 241 Civil Division
Beverly Hills, CA 90212 U.S. Department of Justice
(310) 273~5462 P.O. 1·3ox 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
Oli' 'l'HIC SICCIU:TAl{Y OF 11.lULTII IU~SPON Dl!!NT:
ANJ> llll.MAN SERVICES:
P~Y)
"1/\Ct~ \(_
CA/JTz;Ja& z;;(lse,, ~~ ?:-1 ~c~ L PPoJJl'lr----__
~I
TAMARA OVERBY TRACI R. PA ITON
Aeling Director, Division of Injury Senior Trial Attomey
Compt:nsution Programs (DlCP) To1ts Hrunch
Healthcare Systems Bureau Civil Division
Health Resources and Servicqs Adminislration U.S. Department of Justice
U.S. Department of Health mul Human Services P.O. Box. 146
5600 Fishers Lane, 08N 146D Benjamin Franklin Station
Rockville, MD 20857 Washington, DC 20044-0146
Tel: (202) 353~ 1589
.E~mail: Trnci.Patton@usdoj.gov
Dated: d3 / I bf 2<11~-J _ _
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