VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01718 Package ID: USCOURTS-cofc-1_20-vv-01718 Petitioner: John Robinson Filed: 2020-12-01 Decided: 2022-10-05 Vaccine: influenza Vaccination date: 2018-09-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: John Robinson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination he received on September 22, 2018. He stated that the vaccination was administered in the United States, that he suffered residual effects for more than six months, and that no lawsuits were filed or settlements accepted for this injury. Respondent denied that the flu vaccine caused his injury or that he sustained a SIRVA Table Injury. Despite the denial, the parties filed a joint stipulation on August 23, 2022, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Mr. Robinson was awarded a lump sum of $80,000.00, which represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision directs the Clerk of Court to enter judgment in accordance with this decision. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01718-0 Date issued/filed: 2022-10-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/23/2022) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01718-UNJ Document 38 Filed 10/05/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1718V UNPUBLISHED JOHN ROBINSON, Chief Special Master Corcoran Petitioner, Filed: August 23, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 1, 2020, John 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 he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from the administration of an influenza (flu) vaccination received on September 22, 2018. Petition at 1; Stipulation, filed at August 23, 2022, ¶¶ 1-2. Petitioner further alleges that the vaccination was administered within the United States, he suffered the residual effects of his injury for more than six months, and no lawsuits have been filed or settlement or awards accepted by anyone due to his vaccine- related injury. Petition at 7; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused [P]etitioner to suffer a left shoulder injury or any other injury and denies that [P]etitioner sustained a SIRVA Table 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-01718-UNJ Document 38 Filed 10/05/22 Page 2 of 7 Nevertheless, on August 23, 2022, 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 $80,000.00 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 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-01718-UNJ Document 38 Filed 10/05/22 Page 3 of 7 Case 1:20-vv-01718-UNJ Document 38 Filed 10/05/22 Page 4 of 7 Case 1:20-vv-01718-UNJ Document 38 Filed 10/05/22 Page 5 of 7 Case 1:20-vv-01718-UNJ Document 38 Filed 10/05/22 Page 6 of 7 Case 1:20-vv-01718-UNJ Document 38 Filed 10/05/22 Page 7 of 7