VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00896
Package ID: USCOURTS-cofc-1_20-vv-00896
Petitioner: Brandon Robison
Filed: 2020-07-23
Decided: 2023-10-13
Vaccine: influenza
Vaccination date: 2018-01-31
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 130000

AI-assisted case summary:
Brandon Robison filed a petition for vaccine compensation on July 23, 2020, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 31, 2018. He claimed this was a Table injury or, alternatively, that the vaccine caused his injury. The respondent denied that Mr. Robison sustained a Table injury, that the vaccine caused his shoulder injury, or that his condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on September 8, 2023, agreeing to settle the case and award compensation. The court adopted the stipulation as its decision. Mr. Robison was awarded a total of $130,000.00, consisting of $123,700.13 payable to him and $6,299.87 to reimburse a Medicaid lien. This award represents compensation for all damages available under the Vaccine Act. The parties agreed that this stipulation was a full and complete negotiated settlement of liability and damages, and it was not an admission by the United States that the vaccine caused the injury.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-00896-0
Date issued/filed: 2023-10-13
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 09/08/2023) regarding 50 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00896-UNJ Document 54 Filed 10/13/23 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0896V
BRANDON ROBISON, Chief Special Master Corcoran
Petitioner, Filed: September 8, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Brian L. Cinelli, Schiffmacher Cinelli Adoff, LLP, Buffalo, NY, for Petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On July 23, 2020, Brandon Robison 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 he suffered a left shoulder injury related to vaccine
administration (“SIRVA”), a defined Table Injury, or in the alternative a caused-in-fact
injury, after receipt of the influenza (“flu”) vaccine on January 31, 2018. Petition at ¶¶ 1,
11, 108-109; Stipulation, filed at Sept. 8, 2023, ¶¶ 1-2, 4. “Respondent denies that
[P]etitioner sustained a Table injury for SIRVA; denies that the flu vaccine caused
[P]etitioner to suffer a left shoulder injury or any other injury; and denies that his current
condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:20-vv-00896-UNJ Document 54 Filed 10/13/23 Page 2 of 8
Nevertheless, on September 8, 2023, 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 $130,000.00 as
follows:
1. A lump sum payment of $123,700.13 in the form of a check payable to
Petitioner; and
2. A lump sum payment of $6,299.87, representing reimbursement of a
Medicaid lien for services rendered to Petitioner by the State of Washington,
in the form of a check payable jointly to Petitioner and Optum, and mailed
to:
Optum
L-3994
Columbus, OH 43260-3994.
Stipulation at ¶ 8. Petitioner agrees to endorse the check to Optum for satisfaction of the
Medicaid lien. 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 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-00896-UNJ Document 54 Filed 10/13/23 Page 3 of 8
IN THE U:"IITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
BRANDON ROBISON, )
)
Petitioner, ) No. 20-896V
) Chief Special Master Corcoran
V. ) ECF
)
SECRETARY OF HEALT H )
AND HUMAN SERVICES, )
)
_______________
Respondent. )
)
STIPULATION
The pa11ies hereby stipulate to the following matters:
l. Brandon Robison ('·petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program. 42 U.S.C. §§ 300aa-l Oto -34 (the "Vaccine
Program''). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § I00.3(a).
2. Petitioner received the flu vaccine on January 31, 2018, in his left shoulder.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he suffered from a left Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time period set forth in the Table or, in the alternative, that
the flu vaccine caused-in-fact his alleged shoulder injury. He further alleges that he experienced
the residual effects of his alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a ci\·il action
for damages on his behalf as a result of his condition.

Case 1:20-vv-00896-UNJ Document 54 Filed 10/13/23 Page 4 of 8
6. Respondent denies that petitioner sustained a Table injury for SIRVA; denies that the
flu vaccine caused petitioner to suffer a left shoulder injury or any other injury; and denies that
his current condition is a sequela 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-2 l(a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
A. A lump sum of$123,700.13 in the fonn of a check payable to petitioner;
B. A lump sum of $6,299.87, 1 representing reimbursement of a Medicaid lien for
serYices rendered to petitioner by the state of Washington, in the fom1 of a check
payable jointly to petitioner and Optum:
Optum
L-3994
Columbus, OH 43260-3994
Petitioner agrees to endorse this check to Optum.
These amounts represent compensation for all damages that would be available
under42 U.S.C. § 300aa-15(a).
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien. or
cause of action the state of Washington may have against any individual as a result of any
Medicaid payments the state of Washington has made to or on behalf of Brandon Robison from
the date of his eligibility for benefits through the date of judgment in this case as a result of his
alleged rnccine-related injury suffered on or about January 31, 2018, under Title XIX of the
Social Security Act, see 42 U.S.C. § 300aa-l 5(g), (h).
2

Case 1:20-vv-00896-UNJ Document 54 Filed 10/13/23 Page 5 of 8
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-2 I (a)( I), and an application, the panies will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
I 0. Petitioner and his 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-l 5(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
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. Payments made pursuam to paragraph 8 of this Stipulation 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' foes and litigation costs, and past unreimbursed expenses, 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-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his 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
3

Case 1:20-vv-00896-UNJ Document 54 Filed 10/13/23 Page 6 of 8
(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 Injmy 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, the flu vaccine administered on January 31, 2018, as
alleged by petitioner in his petition for vaccine compensation filed on or about July 23, 2020, in
the United States Court of Federal Claims as petition No. 20-896V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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 enrer judgment in confonniry with a
decision that is in complete conformity with the terms 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 ofliability 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 patties' 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.
4

Case 1:20-vv-00896-UNJ Document 54 Filed 10/13/23 Page 7 of 8
17. This Stipulation shall not be constrned as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or
any other injury or condition, or that petitioner suffered an injury contained in the Vaccine Injury
Table.
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
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
5

Case 1:20-vv-00896-UNJ Document 54 Filed 10/13/23 Page 8 of 8
Respectfully submitted,
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
-~Atff~~£~
Ur---_
BRIAN L. CINELLI
Schiffmacher Cinelli Adoff LLP Deputy Director
737 Main Street, Suite 100 Torts Branch, Civil Division
Buffalo, NY 14203 U.S. Department of Justice
Tel.: (716) 815-4722 P.O. Box 146
Fax: (716) 954-0210 Benjamin Franklin Station
Email: bcinelli@scaattorneys.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
H € nr y P, H D e ig n it r a y l P ly . M sig c n m e il d la b n y · S3
by Mcmillan -S3 ~ f . ~
Date:2023.08.16
14:34:55 ·04'00'
CDR GEORGE REED GR1MES, MD, MPH CA THERINE E. STOLAR
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel.: (202) 353-3299
5600 Fishers Lane, 08NI46B Fax: (202) 6 I 6-43 I 0
Rockville, MD 20857 Email: catherine.stolar@usdoj.gov
6