VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01797
Package ID: USCOURTS-cofc-1_20-vv-01797
Petitioner: Arkie Tucker-Corley
Filed: 2020-12-08
Decided: 2022-12-07
Vaccine: influenza
Vaccination date: 2020-01-13
Condition: chronic regional pain syndrome (CRPS)
Outcome: compensated
Award amount USD: 63480

AI-assisted case summary:
Arkie Tucker-Corley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered chronic regional pain syndrome (CRPS) as a result of an influenza vaccine received on January 13, 2020. The petition was filed on December 8, 2020. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation. While the petitioner initially alleged a shoulder injury related to vaccine administration (SIRVA), the respondent determined that the injury was not limited to the shoulder and thus did not meet the Table criteria for SIRVA. However, the respondent conceded that the facts supported a finding that the petitioner more likely than not suffered CRPS, which was caused-in-fact by the flu vaccination. The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and the petitioner suffered the effects of the injury for more than six months. A ruling on entitlement was issued on July 22, 2022, finding the petitioner entitled to compensation. Subsequently, on October 24, 2022, the respondent filed a proffer on award of compensation. The parties agreed to an award of $62,500.00 for pain and suffering, and $980.07 to satisfy the Commonwealth of Virginia Medicaid lien. A decision awarding damages was issued on December 7, 2022, granting a total award of $63,480.07.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01797-0
Date issued/filed: 2022-08-23
Pages: 3
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/22/2022) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01797-UNJ Document 33 Filed 08/23/22 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1797V
UNPUBLISHED
ARKIE TUCKER-CORLEY, Chief Special Master Corcoran
Petitioner, Filed: July 22, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Causation-In-Fact; Influenza (Flu)
Vaccine; Chronic Regional Pain
Respondent. Syndrome (CRPS)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 8, 2020, Arkie Tucker-Corley 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 alleged that he suffered a left shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine he received on January
13, 2020. Petition at 1. Petitioner further alleges that the vaccine was administered within
the United States, that he suffered the residual effects of his injury for more than six
months, and that there has been no prior award or settlement of a civil action on his behalf
as a result of his injury. Petition at ¶¶ 1, 7-9. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
1 Because this unpublished Ruling 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 Ruling 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01797-UNJ Document 33 Filed 08/23/22 Page 2 of 3
On July 12, 2022, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner is entitled to compensation in this case for chronic regional pain syndrome
(“CRPS”).3 Respondent’s Rule 4(c) Report at 1. Specifically, Respondent indicates that
Petitioner does not meet the Table criteria for a SIRVA because her injury
was not limited to the shoulder in which the intramuscular vaccine was
administered. See 42 C.F.R. § 100.3(c)(10). However, the facts of this case
support a finding that petitioner more likely than not suffered CRPS,4 that
was caused-in-fact by the administration of the flu vaccination on January
13, 2020. With respect to other statutory and jurisdictional issues, the record
shows that the case was timely filed, that petitioner received a vaccine set
forth in the Vaccine Injury Table, and that the vaccine was received in the
United States. The evidence also demonstrates that petitioner suffered the
effects or sequelae of her injury for more than six months after vaccine
administration. Accordingly, in light of the information contained in
3 Petitioner’s counsel confirmed via informal communication on July 22, 2022 that Petitioner is amenable
to proceed with the concession for the injury of CRPS, as opposed to SIRVA.
4 Respondent indicates
[t]he diagnostic criteria for CRPS are as follows:
1.Continuing pain, which is disproportionate to any inciting event.
2.Must report at least one symptom in three of the four following categories:
•Sensory: reports of hyperesthesia and/or allodynia;
•Vasomotor: reports of temperature asymmetry and/or skin color
changes and/or skin color asymmetry;
•Sudomotor/edema: reports of edema and/or sweating changes and/or
sweating asymmetry;
•Motor/trophic: reports of decreased range of motion and/or motor
dysfunction (weakness, tremor, dystonia) and/or trophic changes (hair,
nail, skin).
3.Must display at least one sign at time of evaluation in two or more of the
following categories:
•Sensory: evidence of hyperalgesia (to pinprick) and/or allodynia (to light
touch and/or deep somatic pressure and/or joint movement);
Vasomotor: evidence of temperature asymmetry and/or skin color
changes and/or asymmetry;
•Sudomotor/edema: evidence of edema and/or sweating changes and/or
sweating asymmetry;
•Motor/trophic: evidence of decreased range of motion and/or motor
dysfunction (weakness, tremor, dystonia) and/or trophic changes (hair,
nail, skin).
4.There is no other diagnosis that better explains the signs and symptoms.
R.Norman Harden et al., Validation of proposed diagnostic criteria (the
“Budapest Criteria”) for Complex Regional Pain Syndrome,
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2914601/ (last visited on July 7,
2022).
Respondent’s Report at 7-8, n. 3 (emphasis in original).
2

Case 1:20-vv-01797-UNJ Document 33 Filed 08/23/22 Page 3 of 3
petitioner’s medical records, respondent has concluded that petitioner’s
CRPS is compensable as a “caused-in-fact” injury under the Vaccine Act.
Id. at 7-8.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01797-1
Date issued/filed: 2022-12-07
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/26/2022) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01797-UNJ Document 43 Filed 12/07/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1797V
UNPUBLISHED
ARKIE TUCKER-CORLEY, Chief Special Master Corcoran
Petitioner, Filed: October 26, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Chronic
Regional Pain Syndrome (CRPS)
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 8, 2020, Arkie Tucker-Corley 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 he suffered a left shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine he received on January
13, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 22, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for chronic regional pain syndrome (“CRPS”). On October 24, 2022,
Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner
should be awarded $62,500.00 for pain and suffering, and funds to satisfy the
Commonwealth of Virginia Medicaid lien in the amount of $980.07. Proffer at 1-2. In 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01797-UNJ Document 43 Filed 12/07/22 Page 2 of 5
Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
Based on the record as a whole, I find that Petitioner is entitled to an award as stated in
the Proffer.
Pursuant to the terms stated in the attached Proffer, I award
A. A lump sum payment of $62,500.00 in the form of a check payable to
Petitioner; and
B. A lump sum payment of $980.07, representing compensation for
satisfaction of the Commonwealth of Virginia Medicaid lien, in the form of a
check payable jointly to Petitioner and:
Treasurer of Virginia
Office of the Attorney General
Financial Recovery Section
Attn: Ethan Benson
Post Office Box 610
Richmond, VA 23218
Petitioner agrees to endorse the check to the Treasurer of Virginia for
satisfaction of the Medicaid lien.
This amount represents compensation for all damages that would be
available under Section 15(a).
The Clerk of 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 1:20-vv-01797-UNJ Document 43 Filed 12/07/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ARKIE TUCKER-CORLEY, )
)
Petitioner, )
) No. 20-1797V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
On July 12, 2022, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986,
as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, chronic regional pain syndrome
(“CRPS”). ECF No. 30. Accordingly, on July 22, 2022, the Chief Special Master issued a
Ruling on Entitlement. ECF No. 31.
I. Compensation for Vaccine Injury-Related Items
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $62,500.00 for pain and suffering, in the form of a check payable to petitioner.
Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the
Commonwealth of Virginia Medicaid lien in the amount of $980.07, which represents full
satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the

Case 1:20-vv-01797-UNJ Document 43 Filed 12/07/22 Page 4 of 5
Commonwealth of Virginia may have against any individual as a result of any Medicaid
payments the Commonwealth of Virginia has made to or on behalf of petitioner from the date of
her eligibility for benefits through the date of judgment in this case as a result of her alleged
vaccine-related injury suffered on or about January 13, 2020 under Title XIX of the Social
Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
two lump sum payments described below, and request that the Chief Special Master’s decision
and the Court’s judgment award the following: 1
A. A lump sum payment of $62,500.00 in the form of a check payable to petitioner; and
B. A lump sum payment of $980.07, representing compensation for satisfaction of the
Commonwealth of Virginia Medicaid lien, in the form of a check payable jointly to
petitioner and:
Treasurer of Virginia
Office of the Attorney General
Financial Recovery Section
Attn: Ethan Benson
Post Office Box 610
Richmond, VA 23218
Petitioner agrees to endorse the check to the Treasurer of Virginia for satisfaction of the
Medicaid lien.
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 pain and suffering, and future lost wages.
2

Case 1:20-vv-01797-UNJ Document 43 Filed 12/07/22 Page 5 of 5
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Lauren Kells
LAUREN KELLS
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) 616-4187
DATED: October 24, 2022 Email: Lauren.Kells@usdoj.gov
3