VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00730 Package ID: USCOURTS-cofc-1_19-vv-00730 Petitioner: Tammy Robinson Filed: 2020-06-25 Decided: 2021-03-12 Vaccine: influenza (flu) Vaccination date: 2018-03-06 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 50144 AI-assisted case summary: Tammy Robinson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza (flu) vaccine on March 6, 2018. The respondent, the Secretary of Health and Human Services, conceded that Ms. Robinson's injury was consistent with SIRVA and met the requirements of a Table injury claim. The respondent did not identify any alternative causes for her injury. A ruling on entitlement was issued on June 25, 2020, finding Ms. Robinson entitled to compensation. Subsequently, on February 10, 2021, the parties submitted a proffer on the award of compensation. The respondent represented that Ms. Robinson agreed with the proffered award of $50,144.04, which included $50,000.00 for pain and suffering and $144.04 for unreimbursed expenses. This amount was intended to cover all elements of compensation available under the Vaccine Act. Chief Special Master Corcoran issued a decision awarding Ms. Robinson the lump sum of $50,144.04. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00730-0 Date issued/filed: 2020-07-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/25/2020) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00730-UNJ Document 35 Filed 07/27/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-730V UNPUBLISHED TAMMY ROBINSON, Chief Special Master Corcoran Petitioner, Filed: June 25, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Zoe Wade, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On May 24, 2019, Tammy Robinson 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 from a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving the influenza (flu) vaccine on March 6, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 24, 2020, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent “concluded that [P]etitioner’s alleged injury is consistent 1 Because this unpublished ruling 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 ruling 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 1:19-vv-00730-UNJ Document 35 Filed 07/27/20 Page 2 of 2 with SIRVA of the left arm and that it meets the requirements of a Table injury claim for SIRVA stemming from the flu vaccination on March 6, 2018.” Respondent did not identify any other causes for Petitioner’s injury, and she suffered the sequela of this injury for more than six months. Id. at 5-6. Respondent found that Pe Id. at 5-6. Respondent further agrees that the scope of damages to be awarded is limited to petitioner’s SIRVA and its related sequela only.. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-00730-1 Date issued/filed: 2021-03-12 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 02/10/2021) regarding 42 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00730-UNJ Document 46 Filed 03/12/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-730V UNPUBLISHED TAMMY ROBINSON, Chief Special Master Corcoran Petitioner, Filed: February 10, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Zoe Wade, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On May 17, 2019, Tammy Robinson 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 receiving an influenza (flu) vaccination on March 6, 2018. Petition at 1. Petitioner further alleges that she received the vaccine in the United States, and no lawsuits have been filed or settlements or awards accepted by anyone, including the petitioner, due to her vaccine-related injury. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 25, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On February 10, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $50,144.04. Proffer at 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 1:19-vv-00730-UNJ Document 46 Filed 03/12/21 Page 2 of 4 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $50,144.04 in the form of a check payable to Petitioner. 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/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 1:19-vv-00730-UNJ Document 46 Filed 03/12/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) TAMMY ROBINSON, ) ) Petitioner, ) ) No. 19-730V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation On June 24, 2020, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act in this case. ECF No. 31. Thereafter, on June 25, 2020, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). ECF No. 32. Based upon the evidence of record, respondent proffers that petitioner should be awarded $50,144.04. The award is comprised of the following: $50,000.00 for pain and suffering and $144.04 for unreimbursed expenses. 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 The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $50,144.04, in the form of a check payable to petitioner. Petitioner agrees. Case 1:19-vv-00730-UNJ Document 46 Filed 03/12/21 Page 4 of 4 Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, BRIAN M. BOYNTON Acting Assistant Attorney General C.SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Acting Deputy Director Torts Branch, Civil Division DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division /s/ Zoë R. Wade Zoë R. Wade 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) 616- 4118 zoe.wade@usdoj.gov Dated: February 10, 2021