# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: November 15, 2021

* * * * * * * * * * * * * Unpublished

RICHARD ROBINSON

, *

Petitioner, * No. 19

- 2011 V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Decision on Stipulation;

AND HUMAN SERVICES, * Influenza ( “ f lu ); Acute

* Disseminated Encephalomyelitis

Respondent. * ( “ ADEM ” ).

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

Meredith Daniels, Conway Home r , P.C., Boston , MA, for petitioner.

Mol lie D. Gorn ey, U.S. Dep artment of Justice, Washington, D.C., for respondent.

DECISION ON STIPULATION 1

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

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

all eges that as a result of the influenza ( “ flu ” ) vac cine on November 3, 2017, he suffered from

acute disseminated encephalomyel itis ( “ ADEM ” ). Id. at Preamble.

On November 15, 2021 , respon dent filed a st ipulation provi ding that a decision should be

entered awarding compensation to pet itioner. Sti pulation (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 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause 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 commerci al 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 Nati onal 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 thi s 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 sti pulation provides:

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

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

$25,000.00 for past unreimbursa ble exp enses in the form of a check payable to

petition er; and

b) An amount suffi cient to purchase the annu ity contract described in paragraph

10 of the st ipulation

, paid to th e life insurance company from wh ich 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).