VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00472
Package ID: USCOURTS-cofc-1_22-vv-00472
Petitioner: Gina Crete
Filed: 2024-01-29
Decided: 2024-07-10
Vaccine: Tdap
Vaccination date: 2019-05-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 68494

AI-assisted case summary:
Gina Crete filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccine received on May 29, 2019. She stated the vaccine was administered in the United States and that she suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner is entitled to compensation. The respondent agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting no prior shoulder issues, pain within 48 hours of vaccination, and pain localized to the injection site. The respondent also agreed that Petitioner satisfied the legal prerequisites for compensation, including suffering residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $68,494.76, which included $67,500.00 for pain and suffering and $994.76 for past unreimbursable expenses. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding Gina Crete the lump sum of $68,494.76.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00472-0
Date issued/filed: 2024-03-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/29/2024) regarding 42 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00472-UNJ Document 44 Filed 03/01/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0472V
GINA CRETE, Chief Special Master Corcoran
Petitioner, Filed: January 29, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 27, 2022, Gina Crete filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”). On February 10, 2023, Petitioner filed an amended petition. Petitioner alleges that
she suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from
a tetanus diphtheria acellular pertussis (“Tdap”) vaccine received on May 29, 2019.
Petition at 1. Petitioner further alleges that the vaccine was received in the United States,
she suffered the residual effects of her injury for more than six months, and no lawsuits
have been filed or settlements or awards accepted by anyone, including Petitioner, due
to her vaccine-related injury. Petition at ¶¶ 2, 25-27. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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 1:22-vv-00472-UNJ Document 44 Filed 03/01/24 Page 2 of 2
On January 29, 2024, 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 agrees that Petitioner’s injury is consistent with SIRVA as
defined by the Vaccine Injury Table in that “petitioner had no history of pain, inflammation,
or dysfunction of her right shoulder prior to vaccination; pain occurred within 48 hours
after receipt of an intramuscular vaccination; pain was limited to the shoulder in which the
vaccine was administered; and no other condition or abnormality has been identified to
explain petitioner’s shoulder pain.” Id. at 7. Respondent further agrees that the medical
records demonstrate that Petitioner suffered the residual effects of her condition for more
than six months, and Petitioner has satisfied all legal prerequisites for compensation. 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_22-vv-00472-1
Date issued/filed: 2024-07-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/03/2024) regarding 49 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00472-UNJ Document 53 Filed 07/10/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0472V
GINA CRETE, Chief Special Master Corcoran
Petitioner, Filed: June 3, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 27, 2022, Gina Crete filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”). On February 10, 2023, Petitioner filed an amended petition. Petitioner alleges that
she suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from
a tetanus diphtheria acellular pertussis (“Tdap”) vaccine received on May 29, 2019.
Petition at 1. Petitioner further alleges that the vaccine was received in the United States,
she suffered the residual effects of her injury for more than six months, and no lawsuits
have been filed or settlements or awards accepted by anyone, including Petitioner, due
to her vaccine-related injury. Petition at ¶¶ 2, 25-27. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On January 29, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On June 3, 2024, Respondent filed a proffer on award of
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 1:22-vv-00472-UNJ Document 53 Filed 07/10/24 Page 2 of 5
compensation (“Proffer”) indicating Petitioner should be awarded $68,494.76. Proffer at
2. In the 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 Petitioner a lump
sum payment of $68,494.76 (comprised of $67,500.00 in pain and suffering and
$994.76 for past unreimbursable expenses) 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.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 1:22-vv-00472-UNJ Document 53 Filed 07/10/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
GINA CRETE,
Petitioner,
No. 22-472 (ECF)
v. Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 27, 2022, Gina Crete (“petitioner”) filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or
“Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of a tetanus-
diphtheria-acellular-pertussis (“Tdap”) vaccination she received on May 29, 2019. Petition at 1.1
On January 29, 2024, the Secretary of Health and Human Services (“respondent”) filed a
Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the
Act for a SIRVA Table injury, and on January 29, 2024, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 41; ECF No. 42.
1 Petitioner filed an amended petition (“Amended Petition”) on February 10, 2023, in which she
made the same allegation of suffering a SIRVA resulting from the administration of the vaccine
in question. Amended Petition at 1. The Amended Petition simply provided more factual details
regarding petitioner’s claim.

Case 1:22-vv-00472-UNJ Document 53 Filed 07/10/24 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $67,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $994.76. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following2: a lump sum payment of $68,494.76, in the form of a
check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Gina Crete: $68,494.76
2 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 lost earnings
and future pain and suffering.
2

Case 1:22-vv-00472-UNJ Document 53 Filed 07/10/24 Page 5 of 5
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
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
/s/ Alec Saxe
ALEC SAXE
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) 353-7722
E-mail: Alec.Saxe@usdoj.gov
DATED: June 3, 2024
3