Orangie Robinson v. HHS - Influenza, right shoulder injury related to vaccination administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
On November 29, 2017, Orangie Robinson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury related to vaccination administration (SIRVA) after receiving an influenza vaccine on January 10, 2017. Ms.
Robinson stated that she had not previously received an award or settlement from a civil action for damages related to her condition. The respondent, the Secretary of Health and Human Services, denied that Ms.
Robinson sustained a SIRVA Table injury, that the vaccine caused her alleged shoulder injuries, or that her condition was a sequelae of a vaccine-related injury. Despite these denials, on March 23, 2020, the parties filed a joint stipulation agreeing that compensation should be awarded.
Special Master Daniel T. Horner found the stipulation to be reasonable and adopted it as the decision of the Court.
Pursuant to the stipulation, Ms. Robinson was awarded a lump sum of $60,954.59, payable by check to the petitioner.
This amount was intended to compensate for all items of damages available under the Vaccine Act. The decision was issued on March 23, 2020, and the public decision was filed on April 16, 2020.
Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Mollie Danielle Gorney of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Orangie Robinson alleged a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on January 10, 2017. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation for compensation, which Special Master Daniel T. Horner found reasonable and adopted. The award was a lump sum of $60,954.59. The theory of causation is based on the "Table" provision of the Vaccine Act, as indicated by the stipulation and the nature of the alleged injury. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of damages beyond the total lump sum. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Mollie Danielle Gorney. The decision date was March 23, 2020.
Source PDFs
USCOURTS-cofc-1_17-vv-01848