In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: November 15, 2021

* * * * * * * * * * * * * Unpublished 

RICHARD ROBINSON, *

Petitioner, * No. 19-2011V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Decision on Stipulation;

AND HUMAN SERVICES, * Influenza (“flu); Acute

* Disseminated Encephalomyelitis

Respondent. * (“ADEM”). 

* * * * * * * * * * * * *

Meredith Daniels, Conway Homer, P.C., Boston, MA, for petitioner. 

Mollie D. Gorney, U.S. Department of Justice, Washington, D.C., for respondent. 

DECISION ON STIPULATION1

On December 31, 2019, Richard Robinson (“petitioner”), filed a petition for 

compensation under the National Vaccine Injury Program.2 Petition (ECF No. 1). Petitioner 

alleges that as a result of the influenza (“flu”) vaccine on November 3, 2017, he suffered from 

acute disseminated encephalomyelitis (“ADEM”). Id. at Preamble. 

On November 15, 2021, respondent filed a stipulation providing that a decision should be 

entered awarding compensation to petitioner. Stipulation (ECF No. 53). Respondent denies that 

the flu vaccine is the cause of petitioner’s ADEM or any other injury or his current condition. Id. 

at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues 

between them shall be settled and that a decision should be entered awarding the compensation 

1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a

reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of

Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the 

opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s 

website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party:

(1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that

includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of

privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the 

decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the 

court’s website without any changes. Id.

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine 

Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) 

(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 

300aa. 
2

to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 

7.

The stipulation provides:

a) A lump sum of $224,660.65, which amount represents compensation for first 

year life care expenses of $74,660.65; $125,000 for pain and suffering; and 

$25,000.00 for past unreimbursable expenses in the form of a check payable to 

petitioner; and

b) An amount sufficient to purchase the annuity contract described in paragraph 

10 of the stipulation, paid to the life insurance company from which the annuity 

will be purchased (the “Life Insurance Company”). 

These amounts represent compensation for all damages that would be available under 42 U.S.C. 

§300aa-15(a). 

Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with 

the terms of the stipulation and this decision.3

IT IS SO ORDERED. 

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 

11(a).