CROWLEY-LUM v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-1551V
KATELYN CROWLEY-LUM,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: November 21, 2025
Brian L. Cinelli, Schiffmacher, Cinelli, Adoff, LLP, Buffalo, NY, for Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 1, 2024, Katelyn Crowley-Lum 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury, or in the alternative caused-in-fact injury,
after receiving an influenza vaccine on October 27, 202. Petition at 1, ¶¶ 4, 43, 52. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 14, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. ECF No. 22. On November 21, 2025, Respondent filed
a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$55.108.24, representing $55,000.00 for pain and suffering and $108.24 for past
unreimbursable expenses. Proffer at 2. In the Proffer, Respondent represented that
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).
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2
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 $55.108.24, representing $55,000.00 for pain and suffering and
$108.24 for actual unreimbursable expenses, to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement 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.
Case 1:24-vv-01551-UNJ Document 33 Filed 01/13/26 Page 2 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
KATELYN CROWLEY-LUM, 	)
) 	No. 24-1551VECF
Petitioner, 	)
)
v. 	) 	Chief Special Master Corcoran
)
SECRETARY OF HEALTH AND 	)
HUMAN SERVICES, 	)
)
Respondent. 	)
____________________________________)
PROFFER ON AWARD OF COMPENSATION 1
On October 1, 2024, Katelyn Crowley-Lum (“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
an influenza vaccine she received on October 27, 2021. Petition at 1. On August 14, 2025, 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 August 14, 2024, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 21; ECF No. 22.
I. 	Compensation for Vaccine Injury-Related Items
A. Pain and Suffering
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.
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2
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $55,000.00 for pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
B. Past Unreimburseable 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 $108.24. 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
The parties recommend 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 following 2:
A lump sum payment of $55,108.24, to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner, Katelyn Crowley-Lum.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
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.
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3
HEATHER A. PEARLMAN
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON
Assistant Director
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4098
Fax: (202) 616-4310
Email: Camille.M.Collett@usdoj.gov
Date: November 21, 2025
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