1:25-vv-00148•CRAWFORD v. SECRETARY OF HEALTH AND HUMAN SERVICES
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-148V DEBORAH CRAWFORD, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Chief Special Master Corcoran Filed: November 7, 2025 Alison Haskins, Siri & Glimstad, LLP, Aventura, FL, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 27, 2025, Deborah Crawford 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 Table shoulder injury related to vaccine administration (“SIRVA”), as the result of influenza (“flu”) vaccination that she received on September 28, 2023. See Petition at 1-2, ¶¶ 6, 21. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 6, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On November 7, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $40,000.00 in pain and suffering. Proffer at 1-2. 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. 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 1:25-vv-00148-UNJ Document 30 Filed 12/09/25 Page 1 of 5
2 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $40,000.00 (representing pain and suffering) 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 1:25-vv-00148-UNJ Document 30 Filed 12/09/25 Page 2 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DEBORAH CRAWFORD, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. No. 25-148V (ECF) Chief Special Master Corcoran PROFFER ON AWARD OF COMPENSATION1 On January 25, 2025, Deborah Crawford (“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”), as amended, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) following an influenza (“flu”) vaccination he received on September 28, 2023. Petition at 1-2 (ECF No. 1). On August 5, 2025, the Secretary of Health and Human Services (“respondent”) filed his Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury. ECF No. 13. On August 6, 2025, the Chief Special Master issued a Ruling on Entitlement finding that petitioner is entitled to vaccine compensation. ECF No. 14. I. Items of Compensation Based on the evidence of record, respondent proffers that petitioner should be awarded $40,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. Case 1:25-vv-00148-UNJ Document 30 Filed 12/09/25 Page 3 of 5
2 This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award/Recommended Payment The parties recommend that the compensation provided to petitioner should be made through one lump sum payment as described below and request that the Chief Special Master’s decision and the Court’s judgment award the following:2 A lump sum payment of $40,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Deborah Crawford. Petitioner is a competent adult. Proof 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 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA A. ENGLUND Assistant 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 medical expenses, future lost earnings, and future pain and suffering. Case 1:25-vv-00148-UNJ Document 30 Filed 12/09/25 Page 4 of 5
3 s/ EMILY M. HANSON EMILY M. HANSON 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) 430-4802 emily.hanson@usdoj.gov DATED: November 7, 2025 Case 1:25-vv-00148-UNJ Document 30 Filed 12/09/25 Page 5 of 5
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