VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00191
Package ID: USCOURTS-cofc-1_21-vv-00191
Petitioner: Robin Wabbe
Filed: 2021-01-07
Decided: 2023-03-27
Vaccine: influenza
Vaccination date: 2020-01-23
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Robin Wabbe filed a petition alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 23, 2020. She contended that her SIRVA injury lasted for more than six months, a requirement for compensation under the Vaccine Act. The court initially found that the current record did not contain sufficient evidence to meet this six-month severity requirement, noting that her injury appeared to resolve within a month and that subsequent shoulder pain was likely due to an intervening fall. The court issued an order directing Petitioner to show cause why her claim should not be dismissed. On February 22, 2023, Petitioner moved for a decision dismissing her petition, acknowledging she would be unable to prove entitlement to compensation and that further proceedings would be unreasonable. She understood this dismissal would result in a judgment against her, and she intended to elect to file a civil action rather than accept the Vaccine Program judgment. The court granted Petitioner's motion, denied her claim for compensation, and dismissed the case for insufficient proof.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00191-0
Date issued/filed: 2023-03-27
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 02/23/2023) regarding 23 DECISION of Special Master, Scheduling Order, Order on Motion for Decision ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00191-UNJ Document 24 Filed 03/27/23 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0191V
UNPUBLISHED
ROBIN WABBE, Chief Special Master Corcoran
Petitioner, Filed: February 23, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Petitioner’s Motion for a Decision
HUMAN SERVICES, Dismissing the Petition; Statutory
Six-Month Requirement; Insufficient
Respondent. Evidence; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Administration (SIRVA)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On January 7, 2021, Robin Wabbe 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 alleged that she suffered a left shoulder injury related to vaccine
administration (“SIRVA”), a defined Table Injury, after receiving the influenza (“flu”)
vaccine on January 23, 2020.3 Petition at 1. In particular, she contended that her SIRVA
injury “lasted for more than six (6) months.” Id.; see also Amended Petition at 1.
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).
3 Petitioner also filed an amended petition with additional detail and medical records citations on July 19,
2021. ECF No. 10.

Case 1:21-vv-00191-UNJ Document 24 Filed 03/27/23 Page 2 of 3
After concluding that, based upon the record as it currently stood, I could not find
that Petitioner provided sufficient evidence to meet the Vaccine Act’s six-month severity
requirement, I issued an order directing Petitioner to show cause why her claim should
not be dismissed. Order to Show Cause, issued Feb. 21, 2023, at 3, ECF No. 21; see
Section 11(c)(1)(D)(i) (Vaccine Act’s six-month severity requirement). Specifically, the
current record supported findings that Petitioner’s SIRVA injury resolved within a month
of vaccination, and that her left shoulder pain was unrelated to her vaccination, differed
in nature, and was likely due to an intervening event (a fall) suffered in late July 2020. Id.
at 1-2.
On February 22, 2023, Petitioner moved for a decision dismissing her petition.
ECF No. 22. In the motion, Petitioner acknowledged that “she will be unable to prove
that she is entitled to compensation under the Vaccine Program” (id. at ¶ 1) and “to
proceed any further would be unreasonable and would waste the resources of the Court,
the [R]espondent, and the Vaccine Program” (id. at ¶ 2). Petitioner expressed her
understanding that “a decision by the Special Master dismissing her Petition will result
in a judgment against her . . . [and] will end all of her rights in the Vaccine Program.” Id.
at ¶ 3. She indicated that she “intends to elect to reject the Vaccine Program judgment
against her and elect to file a civil action.” Id. at ¶ 5.
To receive compensation under the Program, Petitioner must prove that she
received a vaccine covered by the Vaccine Program and then suffered either 1) a “Table
Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to a covered
vaccine, or 2) an injury that was actually caused by a covered vaccine, a “non-Table
claim.” See Sections 13(a)(1)(A) and 11(c)(1). Additionally, for either a Table or non-Table
claim, a petitioner must establish that she suffered the residual effects of her injury for
more than six months post-vaccination, died from the administration of the vaccine, or
suffered an injury which required an inpatient hospitalization and surgical intervention.
Section 11(c)(1)(D). Under the Vaccine Act, a petitioner may not be awarded
compensation based on the petitioner’s claims alone. Rather, the petition must be
supported by either the medical records or by a medical opinion. Section 13(a)(1).
In this case, the record does not contain medical records or a medical opinion
sufficient to demonstrate that Petitioner suffered the residual effects of her alleged SIRVA
injury for more than six months. For these reasons, and in accordance with Section
12(d)(3)(A), Petitioner’s motion is GRANTED. Petitioner’s claim for compensation
is DENIED and this case is DISMISSED for insufficient proof. The Clerk shall enter
judgment accordingly.4
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.
2

Case 1:21-vv-00191-UNJ Document 24 Filed 03/27/23 Page 3 of 3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3