VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01165
Package ID: USCOURTS-cofc-1_16-vv-01165
Petitioner: Robert Stevenson
Filed: 2016-11-18
Decided: 2018-05-08
Vaccine: influenza
Vaccination date: 2015-11-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Robert Stevenson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered an injury to his left shoulder as a result of an influenza vaccine he received on November 9, 2015. The respondent, the Secretary of Health and Human Services, conceded that Mr. Stevenson's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused-in-fact by the flu vaccine. The respondent also agreed that no other causes for the SIRVA were identified and that Mr. Stevenson met the statutory requirement of suffering the condition for more than six months. A ruling on entitlement was issued on November 18, 2016, finding Mr. Stevenson entitled to compensation. Subsequently, on June 5, 2017, the parties filed a proffer on award of compensation. Based on this proffer, the court awarded Mr. Stevenson a lump sum payment of $125,000.00, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01165-0
Date issued/filed: 2017-03-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/18/2016) regarding 9 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01165-UNJ Document 15 Filed 03/02/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1165V
Filed: November 18, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROBERT STEVENSON, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
C Clark Hodgson, III, Muller Brazil, LLP, Dresher, PA, for petitioner.
Kathryn Ann Robinette, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 20, 2016, Robert Stevenson (“petitioner”) 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 he suffered an injury to
his left shoulder as a result of an influenza (“flu”) vaccine he received on November 9,
2015. Petition at 1, 3. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On November 17, 2016, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, respondent believes that “petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration (‘SIRVA’) and that it
was caused-in-fact by the flu vaccine he received on November 9, 2015.” Id. at 3-4.
Respondent further agrees that no other causes for petitioner’s SIRVA were identified
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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).

Case 1:16-vv-01165-UNJ Document 15 Filed 03/02/17 Page 2 of 2
and that petitioner met the statutory requirements by suffering the condition for more
than six months. Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01165-2
Date issued/filed: 2018-05-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/06/2017) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01165-UNJ Document 34 Filed 05/08/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1165V
Filed: June 6, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROBERT STEVENSON, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Kathryn Ann Robinette, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 20, 2016, Robert Stevenson (“petitioner”) 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 he suffered an injury to
his left shoulder as a result of an influenza (“flu”) vaccine he received on November 9,
2015. Petition at 1, 3. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On November 18, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation. On June 5, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $125,000.00. Proffer
at 1. In the Proffer, respondent represented that petitioner agrees with the proffered
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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).

Case 1:16-vv-01165-UNJ Document 34 Filed 05/08/18 Page 2 of 4
award. Based on the record as a whole, the undersigned finds that petitioner is entitled
to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $125,000.00, in the form of a check payable to
petitioner, Robert Stevenson. This amount represents compensation for all damages
that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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 1:16-vv-01165-UNJ Document 34 Filed 05/08/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ROBERT STEVENSON, )
)
Petitioner, )
) No. 16-1165V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
On November 18, 2016, the Chief Special Master issued a Ruling on Entitlement finding
that petitioner was entitled to vaccine compensation for his Shoulder Injury Related to Vaccine
Administration (“SIRVA”).
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$125,000.00, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $125,000.00, in the form of a check payable to petitioner.
Petitioner agrees.
1 Should petitioner die prior to the 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 1:16-vv-01165-UNJ Document 34 Filed 05/08/18 Page 4 of 4
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Kathryn A. Robinette
KATHRYN A. ROBINETTE
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) 616-3661
Fax: (202) 616-4310
DATED: June 5, 2016
2