VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01460
Package ID: USCOURTS-cofc-1_19-vv-01460
Petitioner: Harriet Robirts
Filed: 2019-09-23
Decided: 2023-02-03
Vaccine: influenza
Vaccination date: 2017-09-26
Condition: left shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
On September 23, 2019, Ernest Robirts, as Administrator of the Estate of Harriet Robirts, Deceased, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Harriet Robirts suffered left shoulder injuries related to vaccine administration (SIRVA) following an influenza vaccine administered on September 26, 2017. The petition stated the vaccine was administered in the United States, that Ms. Robirts' injuries and sequelae lasted more than six months, and that no other action or compensation had been sought for these injuries. The case was assigned to the Special Processing Unit. On October 1, 2021, the Respondent filed a Rule 4(c) report conceding entitlement to compensation. The Respondent agreed that Ms. Robirts had no prior history of shoulder issues that would explain her symptoms, that her pain and reduced range of motion began within 48 hours of vaccination, were limited to the injection site, and that no other condition accounted for her symptoms. The Respondent also agreed the case was timely filed, the vaccine was received in the United States, and the residual effects lasted more than six months. Based on the Respondent's concession and the evidence, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 4, 2021, finding Petitioner entitled to compensation. Subsequently, Susan Clayton was appointed Administrator of the Estate of Harriet Robirts, and the caption was amended. On January 3, 2023, the Respondent filed a proffer on award of compensation, proposing an award of $55,000.00, which Petitioner agreed to. Chief Special Master Corcoran issued a Decision Awarding Damages on February 3, 2023, awarding Petitioner, as administrator of the estate of Harriet Robirts, a lump sum payment of $55,000.00, representing compensation for all damages available under Section 15(a) of the Vaccine Act. The award was to be paid via check to Petitioner as administrator. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and Respondent's counsel was Kyle Edward Pozza of the U.S. Department of Justice.

Theory of causation field:
Petitioner alleged that Harriet Robirts suffered left shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 26, 2017. The Respondent conceded entitlement, agreeing that Ms. Robirts had no prior shoulder issues, that her pain and reduced range of motion began within 48 hours of vaccination, were limited to the injection site, and that no other condition explained her symptoms. The case proceeded as a Table injury claim. Entitlement was granted on October 4, 2021, by Chief Special Master Brian H. Corcoran. The parties stipulated to an award of $55,000.00 on January 3, 2023, representing compensation for all damages available under the Vaccine Act, awarded as a lump sum to the estate of Harriet Robirts on February 3, 2023, by Chief Special Master Corcoran. Petitioner's counsel was Paul R. Brazil, and Respondent's counsel was Kyle Edward Pozza.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01460-0
Date issued/filed: 2021-11-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/04/202) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01460-UNJ Document 31 Filed 11/04/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1460V
UNPUBLISHED
ERNEST ROBIRTS, Administrator of Chief Special Master Corcoran
the ESTATE OF HARRIET ROBIRTS,
Deceased, Filed: October 4, 2021
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 23, 2019, Ernest Robirts, Administrator of the Estate of Harriet
Robirts, Deceased, 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 Harriet Robirts suffered left shoulder injuries related to vaccine administration
as a result of an influenza vaccine administered on September 26, 2017. Petition at 1-3.
Petitioner further alleges the vaccine was administered in the United States, Ms. Robirts’
injuries and sequelae lasted more than six months, and neither Petitioner nor any other
party had filed an action or received compensation in the form of an award or settlement
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:19-vv-01460-UNJ Document 31 Filed 11/04/21 Page 2 of 2
for Ms. Robirts’ vaccine-related injuries. Petition at ¶¶ 3, 13-15. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On October 1, 2021, 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 agrees that Ms. Robirts had no apparent history of pain,
inflammation, or dysfunction of the affected shoulder prior to intramuscular vaccine
administration that would explain the alleged signs, symptoms, examination findings
and/or diagnostic studies occurring after vaccine injection; she more likely than not
suffered the onset of pain within forty-eight hours of vaccine administration; her pain and
reduced range of motion were limited to the shoulder in which the intramuscular vaccine
was administered; and there is no other condition or abnormality present that would
explain Ms. Robirts’ symptoms. Id. at 4-5. Respondent further agrees that the case was
timely filed, the vaccine was received in the United States, and that Ms. Robirts suffered
the residual effects or complications of here injury for more than six months after vaccine
administration. Id. at 5.
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

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01460-1
Date issued/filed: 2023-02-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/04/2023) regarding 49 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:19-vv-01460-UNJ Document 53 Filed 02/03/23 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1460V
UNPUBLISHED
SUSAN CLAYTON, as administrator Chief Special Master Corcoran
for ESTATE OF HARRIET ROBIRTS,
Deceased, Filed: January 4, 2023
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.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 23, 2019, the Administrator of the Estate of Harriet Robirts,
Deceased,2 filed a petition for compensation under the National Vaccine Injury
Compensation Program, 42 U.SC. §300aa-10, et seq.3 (the “Vaccine Act”). Petitioner
alleges that Harriet Robirts suffered left shoulder injuries related to vaccine administration
(“SIRVA”) as a result of an influenza vaccine administered on September 26, 2017.
Petition at 1-3. Petitioner further alleges the vaccine was administered in the United
States, Ms. Robirts’ injuries and sequelae lasted more than six months, and neither
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 Initially, the Administrator was Ernest Robirts. While the case was pending, Susan Clayton was appointed
Administrator, and the caption was amended to reflect this on March 11, 2022.
3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:19-vv-01460-UNJ Document 53 Filed 02/03/23 Page 2 of 5
Petitioner nor any other party had filed an action or received compensation in the form of
an award or settlement for Ms. Robirts’ vaccine-related injuries. Petition at ¶¶ 3, 13-15.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 4, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On January 3, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner, as administrator of the estate of Harriet
Robirts, should be awarded $55,000.00. Proffer at 2. In the Proffer, Respondent
represented that Petitioner agrees with the proffered award. Id. Based on the record as a
whole, I find that Petitioner, as administrator of the estate of Harriet Robirts, 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 $55,000.00 in the form of a check payable to Petitioner as
administrator of the estate of Harriet Robirts. This amount represents compensation
for all damages that would be available under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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-01460-UNJ Document 53 Filed 02/03/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
SUSAN CLAYTON, administrator of the )
Estate of HARRIET ROBIRTS, deceased, ) No. 19-1460V
) Chief Special Master Brian H. Corcoran
Petitioner, ) ECF
)
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 1, 2021, respondent filed a Vaccine Rule 4(c) report conceding that
entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 27.
On October 4, 2021, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that
Harriet Robirts received an influenza (“flu”) vaccination on September 26, 2017, and was
entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, and related sequela. ECF No. 28.
I. Amount of Compensation
Respondent now proffers that, based on the Chief Special Master’s entitlement ruling and
the evidence of record, petitioner, as administrator of the estate of Harriet Robirts, should be
awarded a lump sum of $55,000.00. This amount represents all elements of compensation to
which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1

Case 1:19-vv-01460-UNJ Document 53 Filed 02/03/23 Page 4 of 5
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made as
described below, and request that the Chief Special Master’s damages decision and the Court’s
judgment award the following: 1
A. Petitioner’s Damages
Respondent recommends that the compensation provided to petitioner, as administrator
of the estate of Harriet Robirts, should be made through a lump sum payment of $55,000.00, in
the form of a check payable to petitioner as administrator of the estate of Harriet Robirts.
Petitioner agrees.
B. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief.
2

Case 1:19-vv-01460-UNJ Document 53 Filed 02/03/23 Page 5 of 5
/s/ Kyle E. Pozza_____________
KYLE E. POZZA
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) 616-3661
E-mail: Kyle.Pozza@usdoj.gov
Dated: January 3, 2023
3