VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00566
Package ID: USCOURTS-cofc-1_13-vv-00566
Petitioner: Kathleen Schram
Filed: 2013-08-09
Decided: 2016-08-19
Vaccine: influenza
Vaccination date: 2010-09-16
Condition: irritable bowel syndrome, fibromyalgia, myalgias, chronic pain, dizziness, headaches, cognitive impairments, and chronic debilitating fatigue
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Kathleen Schram filed a petition for compensation under the National Vaccine Injury Compensation Program on August 9, 2013. Petitioner alleged that she developed irritable bowel syndrome, fibromyalgia, myalgias, chronic pain, dizziness, headaches, cognitive impairments, and chronic debilitating fatigue after receiving an influenza vaccination on or about September 16, 2010. The respondent denied that the influenza vaccine caused petitioner to suffer any injury or that her current disabilities were a sequela of a vaccine-related injury. The parties, represented by Edward Kraus for the petitioner and Michael Milmoe for the respondent, agreed to settle the case. On April 6, 2016, they filed a joint stipulation outlining the settlement terms. Special Master Mindy Michaels Roth reviewed the stipulation and found it reasonable, adopting it as the decision of the court. As part of the settlement, the respondent agreed to issue a lump sum payment of $45,000.00, payable to Kathleen Schram, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Kathleen Schram alleged that an influenza vaccination received on or about September 16, 2010, caused her to develop irritable bowel syndrome, fibromyalgia, myalgias, chronic pain, dizziness, headaches, cognitive impairments, and chronic debilitating fatigue. The respondent denied causation. The parties reached a joint stipulation to settle the case on April 6, 2016. Special Master Mindy Michaels Roth adopted the stipulation, awarding a lump sum of $45,000.00 to petitioner Kathleen Schram. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury. Attorneys involved were Edward Kraus for the petitioner and Michael Milmoe for the respondent.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00566-0
Date issued/filed: 2016-08-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 4/7/2016) regarding 56 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (jdm) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00566-UNJ Document 63 Filed 08/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-566V
Filed: April 7, 2016
* * * * * * * * * * * * * * * * * * * * * * * * *
KATHLEEN SCHRAM, *
*
Petitioner, * Decision Based on Stipulation;
v. * Irritable Bowel Syndrome;
* Fibromyalgia; Myalgias; Chronic
* Pain; Dizziness; Headaches;
SECRETARY OF HEALTH * Cognitive Impairments; Chronic
AND HUMAN SERVICES, * Debilitating Fatigue; Influenza
* (“Flu”) Vaccine.
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Edward Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
Kathleen Schram [“petitioner”] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on August 9, 2013. Petitioner alleges that she developed
several conditions, including irritable bowel syndrome, fibromyalgia, myalgias, chronic pain,
dizziness, headaches, cognitive impairments, and chronic debilitating fatigue after receiving a flu
immunization on or about September 16, 2010. See Stipulation, filed April 6, 2016 at ¶¶ 1-4.
Respondent denies that the influenza vaccine caused petitioner to suffer any injury and that her
current disabilities are a sequela of the vaccine-related injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On April 6, 2016, the parties filed
a joint stipulation agreeing to settle this case and describing the settlement terms.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 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)). In
accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other
information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the
identified material fits within the requirements of that provision, I will delete 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).

Case 1:13-vv-00566-UNJ Document 63 Filed 08/19/16 Page 2 of 2
Respondent agrees to issue the following payment:
A lump sum of $45,000.00 in the form of a check payable to petitioner, Kathleen
Schram. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The clerk of the court is directed to enter judgment in
accordance with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the
right to seek review.
2