Ketleen Dormeus v. HHS - DPT, bursitis and adhesive capsulitis (2015)
Case summary [AI summaries can sometimes make mistakes]
Ketleen Dormeus filed a petition for compensation under the National Vaccine Injury Compensation Program on June 27, 2014, alleging that a diphtheria-pertussis-tetanus (DPT) vaccination received on November 21, 2010, caused her to suffer from bursitis and adhesive capsulitis. The Special Master, Lisa Hamilton-Fieldman, ruled on January 9, 2015, that Petitioner was entitled to compensation.
On March 11, 2015, the Special Master issued a decision awarding Petitioner a lump sum payment of $50,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). This award was based on a Proffer on Award of Compensation filed by Respondent, to which Petitioner agreed.
The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. On September 8, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs, agreeing to an award of $5,017.02 for attorneys' fees and costs.
The Special Master found the petition was brought in good faith with a reasonable basis and awarded the agreed-upon amount. The total compensation awarded to Ketleen Dormeus was $55,017.02.
Petitioner was represented by Robert Land, and Respondent was represented by Traci Patton of the United States Department of Justice.
Theory of causation
Petitioner Ketleen Dormeus alleged that a DPT vaccination administered on November 21, 2010, caused bursitis and adhesive capsulitis. The case proceeded as a Table claim, specifically a Shoulder Injury Related to Vaccine Administration (SIRVA) claim. The Special Master Lisa Hamilton-Fieldman ruled on January 9, 2015, that Petitioner was entitled to compensation. On March 11, 2015, an award of $50,000.00 was made as a lump sum payment. On September 8, 2015, a stipulation for attorneys' fees and costs was filed, resulting in an additional award of $5,017.02, bringing the total award to $55,017.02. Petitioner was represented by Robert Land, and Respondent was represented by Traci Patton. The public decision does not detail the specific mechanism of injury or name any medical experts.
Source PDFs
USCOURTS-cofc-1_14-vv-00551