VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00378
Package ID: USCOURTS-cofc-1_18-vv-00378
Petitioner: Clemey Robinson
Filed: 2018-03-12
Decided: 2019-11-18
Vaccine: influenza
Vaccination date: 2015-10-07
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
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 field:
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.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-00378-0
Date issued/filed: 2019-11-18
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/29/2019) regarding 52 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00378-UNJ Document 56 Filed 11/18/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0378V
Filed: August 29, 2019
UNPUBLISHED
CLEMEY ROBINSON,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 12, 2018, petitioner 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 Related to
Vaccine Administration (“SIRVA”) as a result of her October 7, 2015 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On February 22, 2019, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On August 28, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $65,000.00.
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
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. Because this unpublished decision contains a reasoned explanation for the
action in this case, 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).
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-00378-UNJ Document 56 Filed 11/18/19 Page 2 of 4
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
proffered award. Id. Based on the record as a whole, the undersigned finds that
petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $65,000.00 in the form of a check payable to
petitioner, Clemey Robinson. This amount represents compensation for all damages
that would be available under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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-00378-UNJ Document 56 Filed 11/18/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CLEMEY ROBINSON, )
)
Petitioner, )
)
v. ) No. 18-378V
) Chief Special Master Nora Beth Dorsey
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 31, 2019, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury
Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on February 22, 2019, the
Chief Special Master issued a Ruling on Entitlement.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $65,000.00. This amount
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $65,000.00 in the form of a check payable to petitioner.1 This
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future pain and suffering, and future lost wages.

Case 1:18-vv-00378-UNJ Document 56 Filed 11/18/19 Page 4 of 4
lump sum payment represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: August 27, 2019
2