VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01351
Package ID: USCOURTS-cofc-1_16-vv-01351
Petitioner: Robin Posniak
Filed: 2016-10-17
Decided: 2021-03-30
Vaccine: influenza
Vaccination date: 2013-10-16
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Robin Posniak filed a petition on October 17, 2016, alleging that she developed transverse myelitis (TM) as a result of an influenza vaccine received on October 16, 2013. The respondent denied that the flu vaccine caused petitioner's alleged TM or any other injury. The parties filed a stipulation recommending an award of compensation, which the Special Master found reasonable. Robin Posniak was awarded a lump sum of $80,000.00 for all damages. The parties agreed to waive their right to seek review, and judgment was entered accordingly. The public decision does not describe the petitioner's counsel, respondent's counsel, the specific onset of symptoms, medical tests, treatments, or any expert witnesses. The specific mechanism of causation is also not described in the public decision.

Theory of causation field:
Petitioner Robin Posniak alleged that an influenza vaccine administered on October 16, 2013, caused her to develop transverse myelitis (TM). The respondent denied causation. The parties reached a stipulation for compensation, which was approved by Special Master Nora Beth Dorsey on March 30, 2021. Petitioner was awarded $80,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the TM. Attorneys involved were Robert Joel Krakow for the petitioner and Camille Michelle Collett for the respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01351-0
Date issued/filed: 2021-04-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/30/2021) regarding 154 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:16-vv-01351-UNJ Document 161 Filed 04/26/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 30, 2021
* * * * * * * * * * * * * * * * * * *
ROBIN POSNIAK, * UNPUBLISHED
*
Petitioner, * No. 16-1351V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine;
* Transverse Myelitis (“TM”).
Respondent. *
*
* * * * * * * * * * * * * * * * * * *
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for petitioner.
Camille Michelle Collett, US Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On October 17, 2016, Robin Posniak (“petitioner”) filed a petition in the National
Vaccine Injury Compensation Program.2 Petitioner alleged that as a result of an influenza (“flu”)
vaccine on October 16, 2013, she developed transverse myelitis (“TM”). Petition at Preamble
(ECF No. 1).
On March 30, 2021, the parties filed a stipulation recommending an award of
compensation to petitioner. Stipulation (ECF No. 153). Respondent denies that the flu vaccine
caused petitioner’s alleged TM and/r any other injury or condition. Nevertheless, the parties
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required 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). 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, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such
material from public access.
2 The National Vaccine Injury Compensation Program is set forth in 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. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.
1

Case 1:16-vv-01351-UNJ Document 161 Filed 04/26/21 Page 2 of 7
agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the
stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the
terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
(1) A lump sum of $80,000.00 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 at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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