VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00819
Package ID: USCOURTS-cofc-1_13-vv-00819
Petitioner: Lisa Ann Hambleton
Filed: 2014-09-23
Decided: 2014-10-15
Vaccine: influenza
Vaccination date: 2010-10-20
Condition: rheumatoid arthritis
Outcome: compensated
Award amount USD: 106789

AI-assisted case summary:
Lisa Ann Hambleton filed a petition on October 21, 2013, alleging that she suffered from rheumatoid arthritis (RA) as a result of a seasonal influenza vaccine administered on October 20, 2010. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her RA. On September 22, 2014, the parties filed a joint stipulation for damages, which Special Master Lisa Hamilton-Fieldman adopted. The stipulation awarded Ms. Hambleton a lump sum of $106,789.45 for all damages. Petitioner was represented by Kevin A. Mack of the Law Offices of Kevin A. Mack, LLC, and respondent was represented by Lindsay Corliss of the United States Department of Justice. Separately, on September 24, 2014, the parties filed a stipulation for attorneys' fees and costs. Special Master Hamilton-Fieldman approved this stipulation, awarding $6,526.39, payable jointly to Petitioner and her counsel. Judgment was to be entered in accordance with the terms of these stipulations.

Theory of causation field:
Petitioner Lisa Ann Hambleton alleged that a seasonal influenza vaccine administered on October 20, 2010, caused her rheumatoid arthritis (RA). Respondent denied causation. The parties reached a joint stipulation for damages, awarding Petitioner $106,789.45. Petitioner's counsel was Kevin A. Mack, and respondent's counsel was Lindsay Corliss. Special Master Lisa Hamilton-Fieldman approved the stipulation. Attorneys' fees and costs of $6,526.39 were also stipulated and approved. The public decision does not describe the specific medical or scientific theory of causation, nor does it name any experts. The case was resolved via stipulation.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00819-0
Date issued/filed: 2014-10-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/23/2014) regarding 19 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00819-UNJ Document 22 Filed 10/15/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-819V
Filed: September 23, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
LISA ANN HAMBLETON, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (Flu) Vaccine;
* Rheumatoid Arthritis (RA).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Kevin A. Mack, Law Offices of Kevin Mack, Tiffin, OH, for Petitioner.
Lindsay Corliss, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On October 21, 2013, Lisa Ann Hambleton (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that she suffered from rheumatoid arthritis (“RA”) as a result of an influenza
(“flu”) vaccine administered to her on October 20, 2010.3
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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).
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 (2006) (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 Petitioner initially alleged that she had been injured by an H1N1 influenza vaccine she received
on October 19, 2010. Petition at 1. She subsequently filed a contemporaneous vaccine record
reflecting that she had in fact received a seasonal influenza vaccine, and that it had been
administered on October 20, 2010. Petitioner’s Exhibit 31 at 1.
1

Case 1:13-vv-00819-UNJ Document 22 Filed 10/15/14 Page 2 of 7
On September 22, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation.
Respondent denies that the flu vaccine is the cause of Petitioner’s alleged RA and/or any
other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix
A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in
awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $106,789.45 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).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.4
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
4 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

CCaassee 11::1133--vvvv--0000881199--UUNNJJ DDooccuummeenntt 1282 FFiilleedd 0190//2125//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000881199--UUNNJJ DDooccuummeenntt 1282 FFiilleedd 0190//2125//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000881199--UUNNJJ DDooccuummeenntt 1282 FFiilleedd 0190//2125//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000881199--UUNNJJ DDooccuummeenntt 1282 FFiilleedd 0190//2125//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000881199--UUNNJJ DDooccuummeenntt 1282 FFiilleedd 0190//2125//1144 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00819-1
Date issued/filed: 2014-10-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/24/2014) regarding 21 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00819-UNJ Document 23 Filed 10/15/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-819V
(Filed: September 24, 2014)
* * * * * * * * * * * * * * *
LISA ANN HAMBLETON, * UNPUBLISHED
*
Petitioner, * Special Master Hamilton-Fieldman
*
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to
AND HUMAN SERVICES, * Which Respondent Does Not Object.
*
Respondent. *
*
* * * * * * * * * * * * * * *
Kevin A. Mack, The Law Offices of Kevin A. Mack, LLC, Tiffin, OH, for Petitioner.
Lindsay Corliss, United States Department of Justice, Washington, DC, for Respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On October 21, 2013, Lisa Ann Hambleton (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that she suffered from rheumatoid arthritis (“RA”) as a result of an influenza
(“flu”) vaccine administered to her on October 20, 2010.3 On September 23, 2014, a decision
1 Because this decision contains a reasoned explanation for the undersigned’s action in
this case, the undersigned intends to post this ruling on the website of the United States Court of
Federal Claims, 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).
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 (2006) (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 Petitioner initially alleged that she had been injured by an H1N1 influenza vaccine she
received on October 19, 2010. Petition at 1. She subsequently filed a contemporaneous vaccine
record reflecting that she had in fact received a seasonal influenza vaccine, and that it had been

Case 1:13-vv-00819-UNJ Document 23 Filed 10/15/14 Page 2 of 2
awarding damages was issued based on the parties’ stipulation.
On September 24, 2014, the parties filed a Stipulation of Facts Concerning Final
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an award to
Petitioners of attorneys’ fees and costs in the amount of $6,526.39. In accordance with General
Order #9, Petitioner’s counsel represents that Petitioner did not incur any personal litigation costs
in pursuit of her Vaccine Act petition.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS
the request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to Petitioner and to Mr. Kevin A. Mack, of
The Law Offices of Kevin A. Mack, LLC, in the amount of $6,526.39.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.4
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
administered on October 20, 2010. Petitioner’s Exhibit 31 at 1.
4 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