VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01839
Package ID: USCOURTS-cofc-1_19-vv-01839
Petitioner: Jean Robey
Filed: 2019-12-04
Decided: 2021-10-13
Vaccine: influenza
Vaccination date: 2018-10-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Jean Robey filed a petition for compensation under the National Vaccine Injury Compensation Program on December 4, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 2, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 14, 2021, conceding that the petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on June 16, 2021, finding petitioner eligible for compensation. Subsequently, on August 22, 2021, the respondent filed a proffer on the award of compensation, recommending an award of $70,000.00 for pain and suffering, which the petitioner agreed to. On October 13, 2021, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Jean Robey a lump sum payment of $70,000.00, representing compensation for all damages available under the Act. The decision was based on the proffer agreement between the parties. Petitioner was represented by Jason Robert Ohliger of Zimmerman & Ohliger, LLC, and respondent was represented by Christine Mary Becer of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jean Robey alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 2, 2018. The respondent conceded that the claim met the Table criteria for SIRVA. The case was ruled on entitlement on June 16, 2021, by Chief Special Master Brian H. Corcoran, finding petitioner entitled to compensation. A subsequent decision on October 13, 2021, by Chief Special Master Corcoran awarded $70,000.00 as a lump sum payment for pain and suffering, based on a proffer agreement between the parties. Petitioner was represented by Jason Robert Ohliger, and respondent was represented by Christine Mary Becer. The specific mechanism of injury and expert testimony are not detailed in the provided public text, but the outcome was compensation based on the Table injury criteria.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01839-0
Date issued/filed: 2021-07-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/16/2021) regarding 37 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01839-UNJ Document 42 Filed 07/16/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1839V
UNPUBLISHED
JEAN ROBEY, Chief Special Master Corcoran
Petitioner, Filed: June 16, 2021
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)
Jason Robert Ohliger, Zimmerman & Ohliger, LLC, Milford, PA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 4, 2019, Jean Robey 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 let shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving an influenza vaccination on
October 2, 2018. Petition at 1-2. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On June 14, 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 stated that he has reviewed the claim and that it meets the Table
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-01839-UNJ Document 42 Filed 07/16/21 Page 2 of 2
criteria for a SIRVA. Id. at 4-5. Respondent further agrees that compensation is
appropriate in this case. 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

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01839-1
Date issued/filed: 2021-10-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/09/2021) regarding 45 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01839-UNJ Document 46 Filed 10/13/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1839V
UNPUBLISHED
JEAN ROBEY, Chief Special Master Corcoran
Petitioner, Filed: September 9, 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)
Jason Robert Ohliger, Zimmerman & Ohliger, LLC, Milford, PA, for Petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 4, 2019, Jean Robey 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 following an influenza vaccine administered on October 2, 2018. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On June 16, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On August 22, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $70,000.00. Proffer at
1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01839-UNJ Document 46 Filed 10/13/21 Page 2 of 4
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 $70,000.00 in the form of a check payable to Petitioner. This amount
represents compensation for all damages that would be available under Section 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-01839-UNJ Document 46 Filed 10/13/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JEAN ROBEY, )
)
Petitioner, )
) No. 19-1839V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 4, 2019, Jean Robey (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza
vaccine she received on October 2, 2018. Petition at 1. On June 14, 2021, the Secretary of
Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is
appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on June
16, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 36; ECF No. 37.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $70,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount represent all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:19-vv-01839-UNJ Document 46 Filed 10/13/21 Page 4 of 4
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $70,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Jean Robey: $70,000.00
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
CHRISTINE MARY BECER
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) 616-3665
Christine.m.becer@usdoj.gov
Date: August 22, 2021
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 lost earnings
and future pain and suffering.
2