VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-02011 Package ID: USCOURTS-cofc-1_19-vv-02011 Petitioner: Richard Robinson Filed: 2019-12-31 Decided: 2021-12-20 Vaccine: influenza Vaccination date: 2017-11-03 Condition: acute disseminated encephalomyelitis Outcome: compensated Award amount USD: 224660 AI-assisted case summary: Richard Robinson filed a petition for compensation under the National Vaccine Injury Program, alleging that he suffered from acute disseminated encephalomyelitis (ADEM) as a result of receiving the influenza vaccine on November 3, 2017. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Robinson's ADEM or any other injury. Despite maintaining their respective positions, the parties reached a stipulation to settle the issues and award compensation. The stipulation provided for a lump sum payment of $224,660.65, which included compensation for first-year life care expenses, pain and suffering, and past unreimbursable expenses. Additionally, an amount sufficient to purchase an annuity contract was to be paid to a life insurance company. This award represents compensation for all damages available under the Vaccine Act. The court entered judgment in accordance with the terms of the stipulation. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-02011-0 Date issued/filed: 2021-12-20 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 11/15/2021) regarding 54 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-02011-UNJ Document 58 Filed 12/20/21 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: November 15, 2021 * * * * * * * * * * * * * Unpublished RICHARD ROBINSON, * Petitioner, * No. 19-2011V * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Stipulation; AND HUMAN SERVICES, * Influenza (“flu); Acute * Disseminated Encephalomyelitis Respondent. * (“ADEM”). * * * * * * * * * * * * * Meredith Daniels, Conway Homer, P.C., Boston, MA, for petitioner. Mollie D. Gorney, U.S. Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On December 31, 2019, Richard Robinson (“petitioner”), filed a petition for compensation under the National Vaccine Injury Program.2 Petition (ECF No. 1). Petitioner alleges that as a result of the influenza (“flu”) vaccine on November 3, 2017, he suffered from acute disseminated encephalomyelitis (“ADEM”). Id. at Preamble. On November 15, 2021, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 53). Respondent denies that the flu vaccine is the cause of petitioner’s ADEM or any other injury or his current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:19-vv-02011-UNJ Document 58 Filed 12/20/21 Page 2 of 10 to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation provides: a) A lump sum of $224,660.65, which amount represents compensation for first year life care expenses of $74,660.65; $125,000 for pain and suffering; and $25,000.00 for past unreimbursable expenses in the form of a check payable to petitioner; and b) An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). These amounts represent compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the stipulation and this decision.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:19-vv-02011-UNJ Document 58 Filed 12/20/21 Page 3 of 10 Case 1:19-vv-02011-UNJ Document 58 Filed 12/20/21 Page 4 of 10 Case 1:19-vv-02011-UNJ Document 58 Filed 12/20/21 Page 5 of 10 Case 1:19-vv-02011-UNJ Document 58 Filed 12/20/21 Page 6 of 10 Case 1:19-vv-02011-UNJ Document 58 Filed 12/20/21 Page 7 of 10 Case 1:19-vv-02011-UNJ Document 58 Filed 12/20/21 Page 8 of 10 Case 1:19-vv-02011-UNJ Document 58 Filed 12/20/21 Page 9 of 10 Case 1:19-vv-02011-UNJ Document 58 Filed 12/20/21 Page 10 of 10