VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00247 Package ID: USCOURTS-cofc-1_18-vv-00247 Petitioner: Robin Robare Filed: 2018-02-16 Decided: 2020-11-18 Vaccine: influenza Vaccination date: 2015-10-27 Condition: shoulder injury, with soreness in her right deltoid muscle, which led to limited range of motion, necrosis, and atrophy of the right deltoid muscle Outcome: compensated Award amount USD: 40000 AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00247-0 Date issued/filed: 2020-11-18 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 10/19/2020) regarding 53 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00247-UNJ Document 54 Filed 11/18/20 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0247V UNPUBLISHED ROBIN ROBARE, Chief Special Master Corcoran Petitioner, Filed: October 19, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA); Tissue Necrosis Michael David Bell, Gallon, Takacs, Boissoneault & Schaffer Co., LPA, Toledo, OH, for petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On February 16, 2018, Robin Robare 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 she suffered a shoulder injury, with soreness in her right deltoid muscle, which led to limited range of motion, necrosis, and atrophy of the right deltoid muscle, which was caused in fact by an influenza (“flu”) vaccine received on October 27, 2015. Petition at 1; Stipulation, filed at October 16, 2020, ¶¶ 2-4. Petitioner further alleges the vaccine was administered within the United States, she experienced the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injuries. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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, I agree that the identified material fits within this definition, I 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 1:18-vv-00247-UNJ Document 54 Filed 11/18/20 Page 2 of 8 developed tissue necrosis or any other injury as a result of receiving the flu vaccine.” Stipulation at ¶ 6. Nevertheless, on October 16, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $40,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran 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 1:18-vv-00247-UNJ Document 54 Filed 11/18/20 Page 3 of 8 Case 1:18-vv-00247-UNJ Document 54 Filed 11/18/20 Page 4 of 8 Case 1:18-vv-00247-UNJ Document 54 Filed 11/18/20 Page 5 of 8 Case 1:18-vv-00247-UNJ Document 54 Filed 11/18/20 Page 6 of 8 Case 1:18-vv-00247-UNJ Document 54 Filed 11/18/20 Page 7 of 8 Case 1:18-vv-00247-UNJ Document 54 Filed 11/18/20 Page 8 of 8