VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00532 Package ID: USCOURTS-cofc-1_23-vv-00532 Petitioner: Deloris Alford-Robinson Filed: 2023-04-18 Decided: 2025-07-15 Vaccine: influenza Vaccination date: 2020-10-09 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: dismissed Award amount USD: AI-assisted case summary: Deloris Alford-Robinson filed a petition seeking compensation for a shoulder injury related to vaccine administration (SIRVA), allegedly caused by an influenza vaccine she received on October 9, 2020. The case was filed on April 18, 2023. The court previously issued a decision on June 2, 2025, finding that Ms. Alford-Robinson had not met her burden to prove a shoulder pain onset within 48 hours of the vaccination, which led to the dismissal of her Table SIRVA claim. Subsequently, on June 10, 2025, Ms. Alford-Robinson moved for voluntary dismissal of the case. The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the injury was actually caused by a vaccine. The record did not contain sufficient evidence to establish a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence indicating that the alleged injury was vaccine-caused. The court granted Ms. Alford-Robinson's motion for voluntary dismissal, dismissing the case for insufficient proof. The Clerk was ordered to enter judgment accordingly. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00532-0 Date issued/filed: 2025-07-15 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/12/2025) regarding 28 DECISION of Special Master Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00532-UNJ Document 33 Filed 07/15/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0532V DELORIS ALFORD-ROBINSON, Chief Special Master Corcoran Petitioner, v. Filed: June 12, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Isaiah Richard Kalinowski, Bosson Legal Group, Fairfax, VA, for Petitioner. Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION DISMISSING CLAIM1 On April 18, 2023, Deloris Alford-Robinson filed a Petition under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”), seeking compensation for a shoulder injury related to vaccine administration (“SIRVA”) allegedly related to an influenza (“flu”) vaccine received on October 9, 2020. ECF No. 1. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters (“OSM”). 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 (2012). Case 1:23-vv-00532-UNJ Document 33 Filed 07/15/25 Page 2 of 2 On June 2, 2025, I issued Findings of Fact and Conclusions of Law specifically finding that Petitioner had not carried her burden to establish a shoulder pain onset within 48 hours after the vaccination, which dictated DISMISSAL of her Table SIRVA claim. ECF No. 26. Afterwards on June 10, 2025, Petitioner moved for the voluntary dismissal of this case, pursuant to Vaccine Rule 21(b). ECF No. 27. Vaccine Rule 21(b) provides that I may dismiss a petition or any claim therein at the request of Petitioner, on terms that I consider proper, by issuance of a decision pursuant to Section 12(d)(3). To receive compensation under the Program, Petitioner must prove either 1) that he suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to one of his vaccinations, or 2) that he suffered an injury that was actually caused by a vaccine. See Sections 13(a)(1)(A) and 11(c)(1). Examination of the record does not disclose sufficient evidence to establish that Petitioner suffered a “Table Injury.” Further, the record does not contain a medical expert’s opinion or any other persuasive evidence indicating that Petitioner’s alleged injury was vaccine-caused. 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 was injured by a vaccine. For these reasons, in accordance with Vaccine Rule 21(b) and Section 12(d)(3)(A) of the Vaccine Act, Petitioner’s Motion, ECF No. 27 is GRANTED. This case is DISMISSED for insufficient proof. The Clerk shall enter judgment accordingly.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