Andre D. Robinson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Andre D. Robinson filed a petition for compensation under the National Vaccine Injury Compensation Program on January 26, 2022, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 17, 2019.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 3, 2023, conceding that Mr. Robinson was entitled to compensation.
The respondent agreed that the petitioner satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table and met all legal requirements for compensation under the Vaccine Act. On August 4, 2023, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement, finding Mr. Robinson entitled to compensation.
Subsequently, on October 31, 2023, the respondent filed a proffer on the award of compensation, stating that Mr. Robinson agreed with the proffered award.
On November 2, 2023, Chief Special Master Corcoran issued a Decision on Damages. The decision awarded Mr.
Robinson a lump sum payment of $55,000.00 for pain and suffering, representing all elements of compensation available under Section 15(a) of the Act. The award was to be paid in the form of a check payable to Mr.
Robinson. Petitioner was represented by Scott B.
Taylor of Urban & Taylor, S.C., and respondent was represented by Austin Joel Egan of the U.S. Department of Justice.
The decision on damages was issued on December 5, 2023.
Theory of causation
Petitioner Andre D. Robinson alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on October 17, 2019. The respondent conceded that the injury met the criteria for SIRVA on the Vaccine Injury Table. The case proceeded to an award of compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 4, 2023, finding petitioner entitled to compensation. A subsequent Decision on Damages, issued on December 5, 2023, awarded petitioner $55,000.00 as a lump sum for pain and suffering, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Scott B. Taylor, and respondent was represented by Austin Joel Egan. The specific medical mechanism or expert testimony regarding causation was not detailed in the provided public text, but the respondent's concession aligned with the Vaccine Injury Table criteria for SIRVA.
Source PDFs
USCOURTS-cofc-1_22-vv-00075