Robin Robare v. HHS - Influenza, shoulder injury, with soreness in her right deltoid muscle, which led to limited range of motion, necrosis, and atrophy of the right deltoid muscle (2020)
Case summary [AI summaries can sometimes make mistakes]
Robin Robare filed a petition for compensation under the National Vaccine Injury Compensation Program on February 16, 2018. She alleged that an influenza vaccine received on October 27, 2015, caused a shoulder injury, specifically soreness in her right deltoid muscle, leading to limited range of motion, necrosis, and atrophy of the muscle.
Ms. Robare stated that the vaccine was administered in the United States, the injury's effects lasted for more than six months, and she had not received a prior award or settlement for these injuries.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused tissue necrosis or any other injury. Despite this denial, the parties filed a joint stipulation for compensation on October 16, 2020.
Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision.
The decision awarded Robin Robare a lump sum of $40,000.00, payable to the petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts.
Petitioner was represented by Michael David Bell of Gallon, Takacs, Boissoneault & Schaffer Co., LPA, and respondent was represented by Mark Kim Hellie of the U.S. Department of Justice.
Theory of causation
Petitioner Robin Robare alleged that an influenza vaccine administered on October 27, 2015, caused a shoulder injury, including soreness, limited range of motion, necrosis, and atrophy of the right deltoid muscle. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $40,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by Michael David Bell, and respondent was represented by Mark Kim Hellie.
Source PDFs
USCOURTS-cofc-1_18-vv-00247