VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00727
Package ID: USCOURTS-cofc-1_11-vv-00727
Petitioner: Joyce Dixon-Robinson
Filed: 2014-09-16
Decided: 2015-07-28
Vaccine: influenza
Vaccination date: 2008-11-05
Condition: Guillian-Barre syndrome
Outcome: compensated
Award amount USD: 205418

AI-assisted case summary:
Joyce Dixon-Robinson filed a petition on September 16, 2014, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that after receiving an influenza vaccine on November 5, 2008, she developed Guillain-Barre Syndrome (GBS) and subsequent disability. The respondent denied that the flu vaccine caused her alleged injury and disabilities. However, both parties agreed to settle the case through a stipulation filed on September 16, 2014. The court reviewed the stipulation and found it reasonable, adopting it as its decision. The stipulation awarded Joyce Dixon-Robinson a total of $205,418.34. This amount included $5,950.52 for a State of Wisconsin Medicaid lien, $15,518.34 for a second State of Wisconsin Medicaid lien, and $170,000.00 for all other damages. Subsequently, on May 18, 2015, the parties filed another joint stipulation regarding attorney's fees and costs. The court approved a lump sum of $29,450.00 for attorney's fees and costs, payable jointly to Joyce Dixon-Robinson and her counsel. The total compensation awarded to Joyce Dixon-Robinson was $205,418.34, plus attorney's fees and costs.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00727-0
Date issued/filed: 2014-10-14
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 09/16/2014) regarding 43 DECISION Stipulation/Proffer, (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
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Case 1:11-vv-00727-UNJ Document 48 Filed 10/14/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-727V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
JOYCE DIXON-ROBINSON, *
*
Petitioner, * Filed: September 16, 2014
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine;
* Guillian-Barre Syndrome (“GBS”)
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for Petitioner.
Ryan Daniel Pyles, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
DECISION AWARDING DAMAGES1
On November 2, 2011, Joyce Dixon-Robinson filed a petition seeking compensation
under the National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of
receiving the influenza (“flu”) vaccine on November 5, 2008, she developed Guillian-Barre
syndrome (“GBS”) and subsequent disability.
1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted on the website of
the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347,
§ 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is
privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute
a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the ruling will be available to the public.
Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury
Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended, 42 U.S.C.A. ' 300aa-10 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:11-vv-00727-UNJ Document 48 Filed 10/14/14 Page 2 of 8
Respondent denies that Petitioner’s alleged injury and/or any other injuries were caused
by her receipt of the flu vaccine. Moreover, Respondent denies that the flu vaccine caused
Petitioner’s current disabilities. Nonetheless both parties, while maintaining their above-stated
positions, agreed in a stipulation filed September 16, 2014, that the issues before them can be
settled and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’
stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms
set forth therein.
The stipulation awards:
 A lump sum of $5,950.52, for reimbursement of a State of Wisconsin Medicaid
lien. The award shall be in the form of a check payable jointly to Petitioner and
Optum (75 Remittance Drive, Suite 6019; Chicago, IL 60675-6019; ATTN: Mr.
Oleg Galper / Case No. 13005565). Petitioner agrees to endorse this payment to
Optum;
 A lump sum of $15,518.34, for reimbursement of a second State of Wisconsin
Medicaid lien. The award shall be in the form of a check payable jointly to
Petitioner and the Wisconsin Department of Health Services (5615 High Point
Drive, Suite 100; Irving, TX 75038 9984; Attention: Ms. Kirah Shirk / Case No.
158125). Petitioner agrees to endorse this payment to the Wisconsin Department
of Health Services; and
 A lump sum of $170,000.00 in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or
separately) a notice renouncing their right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00727-1
Date issued/filed: 2015-07-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/18/2015) Regarding 52 DECISION Fees Stipulation Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
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Case 1:11-vv-00727-UNJ Document 54 Filed 07/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-727V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
JOYCE DIXON-ROBINSON, *
* Filed: May 18, 2015
Petitioner, *
* Decision by Stipulation; Attorney’s
v. * Fees & Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for Petitioner
Amy Paula Kokot, U.S. Dep’t of Justice, Washington, DC, for Respondent
ATTORNEY’S FEES AND COSTS DECISION1
On November 2, 2011, Joyce Dixon-Robinson filed a petition seeking compensation
under the National Vaccine Injury Compensation Program (Athe Vaccine Program@). On
September 16, 2014, the parties filed a stipulation detailing an amount to be awarded to
Petitioner. I subsequently issued a decision finding the parties’ stipulation to be reasonable and
granting Petitioner the award outlined by the stipulation.
On May 18, 2015, counsel for both parties filed another joint stipulation, this time in
regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should
receive a lump sum of $29,450.00, in the form of a check payable to Petitioner and Petitioner’s
1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the
United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No.
107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42
U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of
confidential information. Specifically, under Vaccine Rule 18(b), each party has 14 days within which to request
redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which
would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will
be available to the public. (Id.)

Case 1:11-vv-00727-UNJ Document 54 Filed 07/28/15 Page 2 of 2
counsel. This amount represents a sum to which respondent does not object. In addition, and in
compliance with General Order No. 9, Petitioner has represented that she did not incur any
reimbursable costs in proceeding on this petition.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award should be made in the form of a check in the amount of $29,450.00 payable jointly to
Petitioner and Petitioner’s counsel, Jerome A. Konkel, Esq. In the absence of a motion for
review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER
JUDGMENT in accordance with the terms of the parties’ stipulation.2
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their
right to seek review.