VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00617
Package ID: USCOURTS-cofc-1_12-vv-00617
Petitioner: Beatrice Sywassink
Filed: 2012-09-19
Decided: 2014-09-02
Vaccine: influenza
Vaccination date: 
Condition: neurological injury
Outcome: compensated
Award amount USD: 300000

AI-assisted case summary:
Beatrice Sywassink filed a petition on September 19, 2012, alleging that an influenza vaccination caused or significantly aggravated a neurological injury. Respondent denied that the vaccination caused petitioner's injuries.

Nonetheless, both parties agreed to settle the case via a stipulation filed March 10, 2014. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $300,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On August 8, 2014, the parties filed a stipulation of attorneys' fees and costs. Special Master Hamilton-Fieldman awarded $14,429.88 payable jointly to petitioner and current counsel Christina Ciampolillo of Conway, Homer & Chin-Caplan, P.C.; $3,706.13 payable jointly to petitioner and former counsel Davey L. Turner; and $350.00 to petitioner personally, for a total of $18,486.01.

Theory of causation field:
Flu (date not stated in available staging text) → neurological injury. Stipulation Mar 10, 2014; respondent denied causation; SM Hamilton-Fieldman. $300,000. Fees $18,486.01 (Ciampolillo/Turner, Conway Homer & Chin-Caplan, Boston MA). All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00617-0
Date issued/filed: 2014-04-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/10/2014) regarding 26 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:12-vv-00617-UNJ Document 30 Filed 04/01/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-617V
(E-Filed: March 10, 2014)
* * * * * * * * * * * * * * *
BEATRICE SYWASSINK, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Influenza vaccine; Neurological
SECRETARY OF HEALTH AND * Injury; Decision; Stipulation.
HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, Boston, MA, for Petitioner.
Althea Davis, United States Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 19, 2012, Petitioner, Beatrice Sywassink, filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (Athe Vaccine
Program@). Petitioner alleged that she suffered a neurological injury, and that this
condition was either caused-in-fact or significantly aggravated by her influenza
vaccination.2
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this decision on the
United States Court of Federal Claims’ website, in accordance with the E-Government
Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at
44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14
days within which to request 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).
Otherwise, “the entire” decision will be available to the public. 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,
1

Case 1:12-vv-00617-UNJ Document 30 Filed 04/01/14 Page 2 of 7
Respondent denies that Petitioner’s vaccinations caused her injuries. Nonetheless,
both parties, while maintaining their above stated positions, agreed in a Stipulation, filed
March 10, 2014, (“Stipulation”) that the issues before them can be settled and that a
decision should be entered awarding Petitioner compensation.
The undersigned finds said stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The stipulation awards:
A lump sum of $300,000.00, in the form of a check payable to Petitioner.
This amount represents compensation for all damages that would be
available under 42 U.S.C. §300aa-15(a) to which Petitioner would be
entitled.
Stipulation ¶ 8.
The undersigned approves the requested amounts for Petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
codified as amended, 42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002)
(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.
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties=
joint filing of notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00617-1
Date issued/filed: 2014-09-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/08/2014) regarding 33 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:12-vv-00617-UNJ Document 34 Filed 09/02/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-617V
(E-Filed: August 8, 2014)
* * * * * * * * * * * * * * *
BEATRICE SYWASSINK, * UNPUBLISHED
*
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
Christina Ciampolillo, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1 (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,2 the
undersigned issued a decision on March 10, 2014. On August 8, 2014, the parties filed a
stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation
requests a total payment of $18,486.01, representing total attorneys’ fees and costs.
1 The undersigned intends to post this unpublished decision on the United States
Court of Federal Claims’ website, in accordance with the E-Government Act of 2002,
Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. §
3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within
which to request redaction “of any information furnished by that party (1) that is trade
secret or commercial or financial information and is privileged or confidential, or (2) that
are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Otherwise, “the entire” decision will be available to
the public. Id.
2 The applicable statutory provisions defining the program are found at 42 U.S.C.
§ 300aa-10 et seq. (2006).
1

Case 1:12-vv-00617-UNJ Document 34 Filed 09/02/14 Page 2 of 2
I find that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate. Accordingly, I hereby award the amount of $14, 429.88,
in the form of a check made payable jointly to Petitioner and Petitioner’s counsel,
Christina Ciampolillo, Esq; the amount of $3,706.13 in the form of a check made
payable jointly to Petitioner and Petitioner’s former counsel, Davey L. Turner, Esq;
and the amount of $350.00 in the form of a check made payable to Petitioner.
In the absence of a timely-filed motion for review filed pursuant to Appendix B of
the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment
in accordance herewith.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2