VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00046
Package ID: USCOURTS-cofc-1_14-vv-00046
Petitioner: Helen Lam
Filed: 2014-01-22
Decided: 2015-06-08
Vaccine: influenza
Vaccination date: 2012-11-14
Condition: sensorineural hearing loss
Outcome: compensated
Award amount USD: 173788

AI-assisted case summary:
Helen Lam filed a petition on January 22, 2014, under the National Vaccine Injury Compensation Program, alleging that she developed sensorineural hearing loss as a result of receiving an influenza vaccine on November 14, 2012. She further alleged that the residual effects or complications of this vaccine injury persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused her condition. However, on April 14, 2015, the parties filed a joint stipulation for damages. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Helen Lam a lump sum of $150,000.00, payable to her, as compensation for all damages. On May 15, 2015, the parties filed a further stipulation regarding attorneys' fees and costs. The court approved an award of $23,788.16 for attorneys' fees and costs, jointly payable to Helen Lam and her attorney, Tara O’Mahoney. The total compensation awarded to Helen Lam was $173,788.16. The final decision on attorneys' fees and costs was issued by Special Master Dorsey on June 8, 2015. Petitioner was represented by Tara O’Mahoney of the Law Offices of Chicago-Kent College of Law, and respondent was represented by Traci R. Patton of the United States Department of Justice.

Theory of causation field:
Petitioner Helen Lam alleged that she developed sensorineural hearing loss as a result of receiving an influenza vaccine on November 14, 2012, and suffered residual effects for more than six months. The respondent denied causation. The parties reached a joint stipulation for damages, which was adopted by Special Master Nora Beth Dorsey. The stipulation resulted in an award of $150,000.00 for all damages. A subsequent stipulation addressed attorneys' fees and costs, resulting in an additional award of $23,788.16, jointly payable to petitioner and her attorney, Tara O’Mahoney. The total award was $173,788.16. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details supporting the theory of causation, as the case was resolved via stipulation. The decision dates were April 15, 2015, for damages and June 8, 2015, for attorneys' fees and costs. Petitioner's counsel was Tara O’Mahoney, and respondent's counsel was Traci R. Patton.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00046-0
Date issued/filed: 2015-05-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/15/2015) regarding 32 DECISION Stipulation/Proffer, Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00046-UNJ Document 37 Filed 05/14/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-0046V
Filed: April 15, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
HELEN LAM, *
* Special Master Dorsey
Petitioner, *
*
v. *
*
SECRETARY OF HEALTH * Joint Stipulation on Damages;
AND HUMAN SERVICES, * Influenza (Flu) Vaccine;
* Sensorineural Hearing Loss.
Respondent. *
*
* * * * * * * * * * * * * * * *
Tara O’Mahoney, Law Offices of Chicago-Kent College of Law, Chicago, IL, for petitioner.
Traci R. Patton, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On January 22, 2014, Helen Lam (“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 as a result of receiving an influenza (“flu”) vaccine on November 14, 2012, she developed
sensorineural hearing loss. Petition at 1. Petitioner further alleged that she suffered the residual
effects or complications of this vaccine injury for more than six months. Id. at 8-9. On April 14,
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.
1

Case 1:14-vv-00046-UNJ Document 37 Filed 05/14/15 Page 2 of 7
2015, the parties filed a stipulation, stating that a decision should be entered awarding
compensation.
Respondent denies that the influenza vaccine is the cause of petitioner’s sensorineural
hearing loss, 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 stipulated that petitioner shall receive the following compensation:
A lump sum of $150,000.00, in the form of a check payable to petitioner. This amount
represent 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.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
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_14-vv-00046-1
Date issued/filed: 2015-06-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/18/2015) regarding 39 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00046-UNJ Document 42 Filed 06/08/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 18, 2015
* * * * * * * * * * * * * * UNPUBLISHED
HELEN LAM, * No. 14-046V
*
Petitioner, * Special Master Dorsey
*
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Tara O’Mahoney, Law Offices of Chicago-Kent College of Law, Chicago, IL, for petitioner
Traci R. Patton, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On January 22, 2014, Helen Lam (“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 as a result of receiving an influenza (“flu”) vaccine on November 14, 2012, she developed
sensorineural hearing loss. See Petition at 1. On April 15, 2015, the undersigned entered a
decision awarding compensation to petitioner based on a stipulation filed by the parties.
On May 15, 2015, the parties filed a Stipulation of Facts Concerning Attorney’s Fees and
Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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, 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.
1

Case 1:14-vv-00046-UNJ Document 42 Filed 06/08/15 Page 2 of 2
attorneys’ fees and costs in the amount of $23,788.16. In accordance with General Order #9,
petitioner’s counsel states that petitioner did not advance any reimbursable costs in pursuit of this
claim.
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 petitioner’s request and the lack of any objection
by respondent, 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 petitioner’s attorney, Tara
O’Mahoney, in the amount of $23,788.16.
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.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
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