VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00400
Package ID: USCOURTS-cofc-1_20-vv-00400
Petitioner: Lillian Robinson
Filed: 2020-04-07
Decided: 2021-10-13
Vaccine: influenza
Vaccination date: 2018-11-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52500

AI-assisted case summary:
Lillian Robinson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury resulting from an influenza vaccination received on November 26, 2018. She also received a pneumococcal polysaccharide vaccine at the same appointment. Petitioner claimed she sustained a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table and experienced residual effects for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury or that the flu vaccine caused her alleged shoulder injuries. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Lillian Robinson a lump sum of $52,500.00 for all items of damages. A subsequent decision corrected a clerical error, adjusting the award amount from $52,000.00 to the agreed-upon $52,500.00. The case was resolved through this stipulation, with the award representing a compromise of the parties' positions.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00400-0
Date issued/filed: 2021-10-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/08/2021) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00400-UNJ Document 39 Filed 10/13/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0400V
UNPUBLISHED
LILLIAN ROBINSON, Chief Special Master Corcoran
Petitioner, Filed: September 8, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Katherine Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On April 7, 2020, Lillian 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 left shoulder injury resulting from
the adverse effects of an influenza vaccination . . . received on November 26, 2018.
Petition at 1; Stipulation, filed at September 7, 2021, ¶¶ 1-2, 4. Petitioner further alleges
that she sustained her shoulder injury within the time period set forth in the Table and that
she experienced residual effects of this injury for more than six months. Petition at ¶¶ 4,
6, 8, 15; Stipulation at ¶ 4. Respondent denies that Petitioner sustained a SIRVA Table
injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injuries, or any
other injury; and denies that her current condition is a sequela of a vaccine-related injury.
Stipulation at ¶ 6.
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 1:20-vv-00400-UNJ Document 39 Filed 10/13/21 Page 2 of 7
Nevertheless, on September 7, 2021, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $52,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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 1:20-vv-00400-UNJ Document 39 Filed 10/13/21 Page 3 of 7
OocuSlgn Envelope ID: A2EBAAD4-6FF5-4B3A-8118-5048C7EAE040
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
LILLIAN ROBINSON, *
*
Petitioner, * No. 20-400V
* Chief Special Master Corcoran
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Lillian Robinson, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § 100.3 (a).
2. Petitioner received a flu vaccine in her left arm on November 26, 2018. She also
received a pneumococcal polysaccharide vaccine in her left arm at the same appointment, which
is not included on the Table.
3. These vaccines were administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table. She further alleges that
she has experienced residual effects of this injury for more than six months.

Case 1:20-vv-00400-UNJ Document 39 Filed 10/13/21 Page 4 of 7
DocuS!gn Envelope ID: A2EBAAD4-6FF5-4B3A·8118-5048C7EAE04D
5. Petitioner represents that there has been no prior award or settlement ofa civil
action for damages on her behalf as a result of her condition.
6. Respondent denies that petitioner sustained a SIR.VA Table injury; denies that the
flu vaccine caused petitioner's alleged shoulder injuries, or any other injury; and denies that her
current condition is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that
the issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent
with the tenns of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lwnp sum of $52,500.00 in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa- 15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
2

Case 1:20-vv-00400-UNJ Document 39 Filed 10/13/21 Page 5 of 7
DocuSign Envelope ID: A2EBMO4-6FF5-4B3A·6116-5046C7EAE04O
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any
award for attorneys' fees, and litigation costs, the money provided pursuant to this Stipulation
will be used solely for the benefit of petitioner as contemplated by a strict construction of 42
U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-l 0 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from a flu vaccine administered on November 26, 2018, as
alleged by petitioner in a petition for vaccine compensation filed on or about April 7, 2020, in
the United States Court of Federal Claims as petition No. 20-400V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be
voidable upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:20-vv-00400-UNJ Document 39 Filed 10/13/21 Page 6 of 7
DocuSign Envelope ID: A2EBAA04-6FF5-4B3A-8118-5048C7EAE04O
15. If the special master fails to issue a decision in complete confonnity with the
tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity
with a decision that is in complete confonnity with the tenns of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability
and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended,
except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of
the parties hereto to make any payment or to do any act or thing other than is herein expressly
stated and clearly agreed to. The parties further agree and understand that the award described in
this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that petitioner sustained a SIRVA Table injury; that the
flu vaccine caused petitioner's alleged shoulder injuries, or any other injury; or that her current
condition is a sequelae of a vaccine-related injury.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
I
I
I
I
I
I
I
4

Case 1:20-vv-00400-UNJ Document 39 Filed 10/13/21 Page 7 of 7
DocuSign Envelope ID: A2EBMD4-6FF5-4B3A·8118-5048C7EAE040
Respectfully submitted,
PETITIONER:
LILLIAN ROBfNSON
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~ ~\J_e~~
EIG INF HEATHER L. PEARLMAN
MULLER BRAZI , LLP Deputy Director
715 Twinning Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
(215) 885-1655 U.S. Department of Justice
leigh@myvaccinelawyer.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
l<~G~~
't>al,t 'P. Mt.Shi.tr, t:>HSe, MS, A'PR.N, for
\>,y ~ L t ' ~
TAMARA OVERBY KA THERINE C. ESPOSITO
Acting Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08N 146B (202) 305-3774
Rockville, MD 20857 katherine.esposito@usdo j .gov
/o-::,,ho1,
Dated: oq t
5

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00400-1
Date issued/filed: 2021-10-20
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 09/17/2021) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00400-UNJ Document 41 Filed 10/20/21 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0400V
UNPUBLISHED
LILLIAN ROBINSON, Chief Special Master Corcoran
Petitioner, Filed: September 17, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On April 7, 2020, Lillian 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 left shoulder injury resulting from
the adverse effects of an influenza vaccination . . . received on November 26, 2018.
Petition at 1; Stipulation, filed on September 7, 2021, ¶¶ 1-2, 4. On September 8, 2021, I
issued a decision awarding compensation to Petitioner based on the parties’ joint
stipulation. ECF 31.
On September 14, 2021, Respondent’s counsel emailed the SPU staff attorney
assisting me with this case after noting that my decision erroneously listed the settlement
amount as $52,000.00 rather than $52,500.00, as agreed by the parties in the stipulation.
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 1:20-vv-00400-UNJ Document 41 Filed 10/20/21 Page 2 of 8
Vaccine Rule 36(a) allows a party to obtain relief from judgment in two ways: either
by filing a motion for reconsideration pursuant to RCFC 59, or by seeking relief from
judgment pursuant to RCFC 60. If the case was assigned to a judge for review, the motion
will be referred to the same judge. Vaccine Rule 36(a)(1). Otherwise, the motion will be
referred to the special master assigned to the case. Vaccine Rule 36(a)(2).3
In determining whether a judgment should be set aside or altered, “the need for
finality of judgments” must be balanced against “the importance of ensuring that litigants
have a full and fair opportunity to litigate.” Kennedy v. Sec’y of Health & Human Servs.,
99 Fed. Cl. 535, 539 (2011) (citing United Student Aid Funds, Inc. v. Espinosa, 559 U.S.
260, 276 (2010); see also Bridgham by Libby v. Sec’y of Health & Human Servs., 33 Fed.
Cl. 101, 104 (1995) (discussing the “tension between the goals of ensuring that the court’s
judgment appropriately reflects the adjudication of the parties’ rights and of providing the
parties with certainty as to those rights”).
Pursuant to RCFC 60(a), a court may correct “[c]lerical mistakes in judgments,
orders, or other parts of the record” at any time. Additionally, a party may request relief
from final judgment for the specific reasons listed in RCFC 60(b)(1)-(5) or the “catch all”
provision at RCFC 60(b)(6). Similar to RCFC 60(a), RCFC 60(b)(1) allows post judgment
relief for “mistake, inadvertence, surprise, or excusable neglect.”
In determining whether a request for relief from judgment is properly classified
under RCFC 60(a) or RCFC 60(b), the United States Court of Appeals for the Federal
Circuit has stated:
Rule 60(a) affords relief from minor clerical mistakes or errors arising from
simple oversight or omission. See James W. Moore and Jo Deshap Lucas,
Moore's Federal Practice ¶ 60.06[1] (2d ed.1993); see also United States v.
Bealey, 978 F.2d 696, 699 (Fed.Cir.1992). It is intended to allow the judgment
to “speak the truth,” but not to substantially alter the rights of the parties
thereto. See 11 Charles A. Wright & Arthur R. Miller, Federal Practice and
Procedure § 2854 (1973 & Supp.1993). Errors of a more substantial nature
are more appropriately correctable under subdivision 60(b). See Moore, supra,
¶ 60.06[4].
Patton v. Sec’y of Health & Human Servs., 25 F.3d 1021, 1029 (Fed. Cir. 1994).
Rule 60(a) thus allows a court to correct a clerical mistake or a mistake arising
from oversight or omission whenever one is found in a judgment, order, or other part
of the record, and is appropriate where the order, decision or judgment does not
reflect what the court intended. Rule 60(b), by contrast, provides a mechanism for
correcting more serious kinds of errors in a judgment or order. Rule 60(b) relief may
only be obtained by motion and a showing, at a minimum, of “just terms,” whereas
3 This sharing of authority over judgments between judge and special master was determined to be
appropriate since Vaccine Rule 36 allows for immediate review of the special master’s ruling. Vessels v.
Sec’y of Health & Human Servs., 65 Fed. Cl. 563, 568 (2005).
2

Case 1:20-vv-00400-UNJ Document 41 Filed 10/20/21 Page 3 of 8
Rule 60(a) relief may be granted by the Court upon its own volition with or without
notice to the parties. I have previously discussed in detail the differences between
RCFC 60(a) and RCFC 60(b)(1) in Williamsen v. Sec’y of Health & Human Servs.,
No. 10-0223V, 2014 WL 1388894 (Fed. Cl. Spec. Mstr. Feb. 5, 2014).
Here, I find that the relief requested by the parties is warranted under Rule 60(a),
as there was a clear clerical error in my decision. Pursuant to the terms of the attached
joint stipulation, the parties agreed to the amount of $52,500.00 in compensation for
Petitioner. However, I erroneously awarded the amount of $52,000.00 in my decision.
ECF 31.
Accordingly, I direct the Clerk of Court to issue judgment in favor of Petitioner to
include the following information:
A lump sum of $500.00 in the form of a check payable to Petitioner.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk
of the 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.
3

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