VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00675 Package ID: USCOURTS-cofc-1_22-vv-00675 Petitioner: Shannon Robbins Filed: 2023-04-21 Decided: 2023-05-22 Vaccine: influenza Vaccination date: 2020-10-29 Condition: septic joint injury Outcome: compensated Award amount USD: 185000 AI-assisted case summary: Shannon Robbins filed a petition for vaccine compensation on April 21, 2023, alleging injury from an influenza vaccine received on October 29, 2020. She claimed a shoulder injury related to vaccine administration (SIRVA), a septic joint injury, and dermatologic conditions. The parties filed a joint stipulation on April 21, 2023, agreeing to settle the case. Respondent denied that petitioner sustained a SIRVA as defined in the Vaccine Injury Table and denied that the vaccine caused her dermatologic condition. However, respondent conceded that petitioner sustained a septic joint injury following receipt of the flu vaccine and that there was not a preponderance of evidence demonstrating the injury was due to an unrelated factor. The stipulation stated that the case should be settled, and the Chief Special Master awarded Shannon Robbins a lump sum of $185,000.00. This amount represents compensation for all damages available under the Vaccine Act. The case proceeded as a Table claim, and the award was made pursuant to the joint stipulation. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00675-0 Date issued/filed: 2023-05-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/21/2023) regarding 22 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00675-UNJ Document 26 Filed 05/22/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0675V UNPUBLISHED SHANNON ROBBINS, Chief Special Master Corcoran Petitioner, Filed: April 21, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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); Septic Joint Injury Koby Jack Kirkland, Law Office of Koby Kirkland, LLC, Mobile, AL, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On June 16, 2022, Shannon Robbins 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 injuries including a shoulder injury related to vaccine administration (“SIRVA”), as well as septic joint and dermatologic conditions, resulting from an influenza (“flu”) vaccine received on October 29, 2020. Petition at 1,¶¶63-74;Stipulation, filedApril 21, 2023,at ¶¶2-4.Petitioner further alleges the vaccine was administered in the United States, she experienced the residual effects of her conditions for more than six months, and neither Petitioner nor any other party has ever filed an action, or received compensation in the form of an award or settlement, for Petitioner’s vaccine-related injury. Petition at ¶¶ 2, 75-77; Stipulation at ¶¶ 3, 4, 6. The stipulation states, “[p]etitioner sustained a septic joint injury following receipt of the flu vaccine, and there is not a preponderance of evidence demonstrating that this injury is due to a factor unrelated to vaccination. However, respondent denies that petitioner 1Because this Decisioncontains 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. 2National 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 1:22-vv-00675-UNJ Document 26 Filed 05/22/23 Page 2 of 7 sustained a shoulder injury as defined in the Vaccine Injury Table and denies that the vaccine caused petitioner’s dermatologic condition.” Stipulation at ¶ 5. Nevertheless, on April 21, 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 mydecision 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 $185,000.00 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 1:22-vv-00675-UNJ Document 26 Filed 05/22/23 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS SHANNON ROBBINS, No. 22-675V Petitioner, Chief Special Master Corcoran V. SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: l. Shannon Robbins ("petitioner") 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 an injury 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. On October 29, 2020, petitioner received a flu vaccine. 3. The vaccine was administered in 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 experienced septic joint and dennatologic conditions that were caused by the flu vaccine, and that she experienced the residual effects of these conditions for more than six months. 5. Petitioner sustained a septic joint injury following receipt of the flu vaccine, and there is not a preponderance of evidence demonstrating that this injury is due to a factor unrelated to vaccination. However, respondent denies that petitioner sustained a shoulder injury as defined I of 5 Case 1:22-vv-00675-UNJ Document 26 Filed 05/22/23 Page 4 of 7 in the Vaccine Injury Table and denies that the vaccine caused petitioner's dennatologic condition. 6. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. 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 ofj udgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2J (a)(l ), the Secretary of Health and Human Seivices wilt issue the following vaccine compensation payment: a lump sum of $185,000.00 in the fonn of a check payable to petitioner. This lump sum represents compensation for all damages that would be available under 42 U.S.C. § 300aa-1 S(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-21(aXl) 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 they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-1 S(g), including 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 entities that provide health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount 2 of5 Case 1:22-vv-00675-UNJ Document 26 Filed 05/22/23 Page 5 of 7 awarded pursuant to paragraph 9, 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, 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-15(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 paragraph 8, and any amount awarded pursuant to paragraph 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-10 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 vaccine administered on October 29, 2020. as alleged in a Petition filed on June 16, 2022, in the United States Court of Federal Claims as petition No. 22-675V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of ejther or both of the parties. 15. If the special master fails to issue a decision in complete confonnity wjth the terms of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in confonnity with a decision that is in complete confonnity with the tenns of this Stipulation, then 3 ofS Case 1:22-vv-00675-UNJ Document 26 Filed 05/22/23 Page 6 of 7 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 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 the flu vaccine caused petitioner's dennatologic condition or that petitioner satisfied the Table criteria for her shoulder injury. 18. All rights and obligations of petitioner shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 of5 Case 1:22-vv-00675-UNJ Document 26 Filed 05/22/23 Page 7 of 7 PETITIONER: Jfoublkk SHANNON ROBBINS ATl'ORNE\' OF RECORD FOR Alfl'HORIZED REPUS.INTA TIVE PETITIONER: OF THE ATTORNEY GENERAL: ~~ ft:tbtA'!:J-{)~ yiM HEA111BR L PBAllLMAN 1be Law Office ofKoby KbtJud, I.LC Deputy Director 205 N. Concepdon Street Torts Bnmdl Mobile, AL 36603 Civil Divisioa (251) 210-9158 U.S . .Dapatment ofJ ustice koby@kobykirklaodlaw.com P.O. Boll 146 Benjamin Franklin Station Wllhiq1oa. DC 20044-0146 AUl'BORI.UJ> REPRESENTATIVE ATI'ORNltY OF RICORD POR OFTIIB SECRJ:TARY OP HEALTH RESPONDENT: AND HUMAN SERVIC&S: Henry P. ~a,,i.r :::.,.-a.17- by Manlllan ·53