VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00746
Package ID: USCOURTS-cofc-1_21-vv-00746
Petitioner: Crystle Perez
Filed: 2021-01-14
Decided: 2024-06-17
Vaccine: influenza
Vaccination date: 2020-11-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
Crystle Perez 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 November 10, 2020. She further alleged that the residual effects of her injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, conceded that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal requirements for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master granted entitlement to compensation. Subsequently, the parties could not informally resolve the issue of damages. Petitioner sought $135,000.00 for pain and suffering and $5,000.97 for actual expenses. The respondent recommended $100,000.00 for pain and suffering and $4,509.50 for expenses. After considering the arguments and relevant case law, the court awarded Petitioner a lump sum of $135,000.97, comprising $130,000.00 for actual pain and suffering and $5,000.97 for actual unreimbursable expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00746-0
Date issued/filed: 2023-09-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/24/2023) regarding 60 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00746-UNJ Document 63 Filed 09/29/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-746V
CRYSTLE PEREZ, Chief Special Master Corcoran
Petitioner, Filed: August 24, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 14, 2021, Crystle Perez 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 shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccination
on November 10, 2020. Pet. at 1, ECF No. 1. Petitioner further alleges that she suffered
the residual effects of her injury for more than six months. Id. at 2. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On August 24, 2023, 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, ECF No. 59. Specifically, Respondent indicated that “[P]etitioner’s alleged injury is
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00746-UNJ Document 63 Filed 09/29/23 Page 2 of 2
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent
further agrees that “[P]etitioner has satisfied all legal perquisites for compensation under
the Act.” Id.
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
2

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00746-1
Date issued/filed: 2024-06-17
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 05/17/2024) regarding 71 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00746-UNJ Document 74 Filed 06/17/24 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0746V
CRYSTLE PEREZ, Chief Special Master Corcoran
Petitioner,
v. Filed: May 17, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 14, 2021, Crystle Perez 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”) following receipt of an influenza (“flu”) vaccine on September
17, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters. Because the parties could not informally resolve the issue of
damages, they were ordered to file briefs setting forth their respective arguments, and
were notified that I would resolve this dispute via an expedited “Motions Day” hearing,
which ultimately took place on May 17, 2024.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00746-UNJ Document 74 Filed 06/17/24 Page 2 of 3
Petitioner seeks an award of $135,000.00, in compensation for Petitioner’s actual
pain and suffering, and $5,000.97 (comprised of $4,312.83 in past expenses and $688.14
for past mileage costs). Respondent recommends an award of $100,000.00 for actual
pain and suffering, and $4,509.50 (stipulating to the $4,312.83 in past expenses, but
applying a lower mileage rate, resulting in the lesser sum of $196.67 for mileage costs).
At the start of the May 17, 2024, hearing, Respondent’s counsel confirmed orally
that in Respondent’s view, the parties’ previously-submitted briefing had fully addressed
the issues in dispute, and that Respondent therefore did not seek to present any further
argument.
As a result, I did not hear argument from either side, and instead proceeded to
issue an oral ruling on damages constituting my findings of fact and conclusions of law,
pursuant to Section 12(d)(3)(A), at the May 17, 2024 hearing. An official recording of the
proceeding was taken by a court reporter, although a transcript has not yet been filed in
this matter. I hereby fully adopt and incorporate that oral ruling as officially recorded. As
discussed during my oral ruling, in another recent decision I discussed at length the legal
standard to be considered in determining damages and prior SIRVA compensation within
SPU. I fully adopt and hereby incorporate my prior discussion in Sections I and II of
McKenna v. Sec’y of Health & Hum. Servs., No. 21-0030V, 2023 WL 5045121, at *1-3
(Fed. Cl. Spec. Mstr. July 7, 2023). Additionally, the official recording of my oral ruling
includes my discussion of various comparable cases as well as specific facts relating to
Petitioner’s medical history and experience that further informed my decision awarding
damages herein.
I also rule herein that I will continue to apply the IRS’s higher “business” mileage
rate to medically-related travel, as requested by Petitioner. I fully adopt and hereby
incorporate my previous discussions of that issue, and my rationale for choosing to
embrace the higher rate despite Respondent’s contentions. See, e.g., Walter v. Sec’y of
Health & Hum. Servs., No. 21-1461V, 2024 WL 1299576 (Fed. Cl. Spec. Mstr. Feb. 27,
2024); Tappendorf v. Sec’y of Health & Hum. Servs., No. 20-1592V, 2024 WL 12499566
(Fed. Cl. Spec. Mstr. Feb. 23, 2024).
Based on my consideration of the complete record as a whole and for the reasons
discussed in my oral ruling, pursuant to Section 12(d)(3)(A), I find that $130,000.00
represents a fair and appropriate amount of compensation for Petitioner’s actual
pain and suffering.3 I also find that Petitioner is entitled to $5,000.97 in actual
unreimbursable expenses.
3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96-
2

Case 1:21-vv-00746-UNJ Document 74 Filed 06/17/24 Page 3 of 3
Accordingly, I award Petitioner a lump sum payment of $135,000.97 in the form
of a check payable to Petitioner. 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)).
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.
3