Clemey Robinson v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Filed 2018-03-12Decided 2019-11-18Vaccine Influenza
compensated$65,000

Case summary [AI summaries can sometimes make mistakes]

Clemey Robinson filed a petition for compensation under the National Vaccine Injury Compensation Program on March 12, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 7, 2015 influenza vaccination. The case was assigned to the Special Processing Unit.

On February 22, 2019, a ruling on entitlement was issued, finding Ms. Robinson entitled to compensation for SIRVA.

On August 28, 2019, the respondent filed a proffer on award of compensation, indicating that the petitioner agreed with the proposed award of $65,000.00. The Special Master found that the petitioner was entitled to an award as stated in the proffer.

Pursuant to the terms of the proffer, Chief Special Master Nora Beth Dorsey awarded Clemey Robinson a lump sum payment of $65,000.00, payable via check to the petitioner. This amount represents compensation for all damages available under the Vaccine Act.

The decision was issued by Chief Special Master Nora Beth Dorsey. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Lara Ann Englund of the U.S.

Department of Justice. The decision was originally filed on August 29, 2019, and the final decision awarding damages was issued on November 18, 2019.

The public decision was posted on the court's website, with a notice period for the petitioner to request redactions of sensitive information.

Theory of causation

Petitioner Clemey Robinson filed a petition alleging SIRVA following an October 7, 2015 influenza vaccination. A ruling on entitlement was issued on February 22, 2019, finding petitioner entitled to compensation. Respondent filed a proffer on August 28, 2019, stating petitioner agreed with a proposed award of $65,000.00. The Special Master accepted the proffer. The award of $65,000.00 was made as a lump sum payment to the petitioner. The theory of causation was based on the "Table" for SIRVA. Petitioner was represented by Ronald Craig Homer, and respondent by Lara Ann Englund. Chief Special Master Nora Beth Dorsey issued the decision on November 18, 2019. The public text does not describe the specific medical or clinical details of the injury, onset, symptoms, diagnostic tests, treatments, or expert testimony.

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