In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-364V

UNPUBLISHED

CRYSTAL MERTINS,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: February 17, 2021

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.

Emilie Williams, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On March 11, 2019, Crystal Mertins filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

2

(the 

“Vaccine Act”).

3 Petitioner alleges that she suffered a shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on 

October 6, 2015. Amended Petition at 1; Stipulation, filed on February 17, 2021, at ¶¶ 1-

2, 4. Petitioner further alleges that the vaccine was administered within the United States; 

that she suffered the residual effects of her alleged injury for more than six months; and 

that there has been no prior award or settlement of a civil action for damages on her 

behalf as a result of her condition. Amended Petition at 1-2, 13; Stipulation at ¶¶ 3-5. 

“Respondent denies that petitioner sustained a SIRVA Table injury, and denies that 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 EGovernment 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).

3 Petitioner filed an Amended Petition on September 30, 2019. ECF No. 22.
2

flu vaccine caused petitioner to suffer a left shoulder injury or any other injury or her 

current condition.” Stipulation at ¶ 6. 

Nevertheless, on February 17, 2021, the parties filed the attached joint stipulation, 

stating that a decision should be entered awarding compensation. I find the stipulation 

reasonable and adopt it as my decision awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, I award the following 

compensation:

A lump sum of $30,000.00 in the form of a check payable to Petitioner. 

Stipulation at ¶ 8. This amount represents compensation for all items of damages 

that would be available under Section 15(a). Id. 

I approve the requested amount for Petitioner’s compensation. In the absence of 

a motion for review filed pursuant to RCFC Appendix B, the clerk of the 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

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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

CRYSTAL MERTINS, 

Petitioner, 

V. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

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No. 19-364V 

Chief Special Master Corcoran 

ECF 

STIPULATION 

The parties hereby stipulate to the following matters: 

1. Crystal Mertins, petitioner, filed a petition for vaccine compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine 

Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt 

of an influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the 

"Table"), 42 C.F.R. § 100.3 (a). 

2. Petitioner received the flu vaccine on October 6, 2015.

3. The vaccination was administered within the United States.

4. Petitioner alleges that she suffered from a left shoulder injury related to vaccination

administration ("SIRVA") within the time period set forth in the Table following receipt of the 

flu vaccine and that she experienced the residual effects of this alleged injury for more than six 

months. 

5. Petitioner represents that there has been no prior award or settlement of a civil action

for damages on her behalf as a result of her condition.