VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00551
Package ID: USCOURTS-cofc-1_14-vv-00551
Petitioner: Ketleen Dormeus
Filed: 2014-06-27
Decided: 2015-09-29
Vaccine: DPT
Vaccination date: 2010-11-21
Condition: bursitis and adhesive capsulitis
Outcome: compensated
Award amount USD: 55017

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00551-0
Date issued/filed: 2015-04-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 3/11/2015) regarding 20 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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CCaassee 11::1144--vvvv--0000555511--UUNNJJ DDooccuummeenntt 2203 FFiilleedd 0034//1011//1155 PPaaggee 11 ooff 24
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-551V
Filed: March 11, 2015
* * * * * * * * * * * * * * * UNPUBLISHED
KETLEEN DORMEUS, *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. *
* Decision on Proffer; Damages;
SECRETARY OF HEALTH * Diptheria-Pertussis-Tetanus (“DPT”)
AND HUMAN SERVICES, * Vaccine; Shoulder Injury Related
* to Vaccine Administration
Respondent. * (“SIRVA”).
*
* * * * * * * * * * * * * * *
Robert Land, Philadelphia, PA, for Petitioner.
Traci Patton, United States Department of Justice, Washington, D.C., for Respondent.
DECISION AWARDING DAMAGES1
On June 27, 2014, Ketleen Dormeus (“Petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program (“the Program”).2 Petitioner alleged
that a diphtheria-pertussis-tetanus (“DPT”) vaccination she received on November 21, 2010
caused her to suffer from bursitis and adhesive capsulitis. On January 9, 2015, the undersigned
ruled that Petitioner was entitled to compensation for her injury.
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 Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual
section references will be to 42 U.S.C. § 300aa of the Act.

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On March 11, 2015, Respondent filed a Proffer on Award of Compensation (“Proffer”).
In the Proffer, Respondent represents that Petitioner agrees with the proffered award. Based on
the record as a whole, the undersigned finds that Petitioner is entitled to an award as stated in the
Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards Petitioner:
A lump sum payment of $50,000.00 in the form of a check payable to
Petitioner, Ketleen Dormeus. This amount accounts for all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which Petitioner would be
intitled.
Proffer ¶ II.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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

CCaassee 11::1144--vvvv--0000555511--UUNNJJ DDooccuummeenntt 1293 FFiilleedd 0034//1011//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KETLEEN DORMEUS, )
)
Petitioner, )
v. ) No. 14-551V
) Special Master Hamilton-Fieldman
SECRETARY OF HEALTH AND HUMAN ) ECF
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$50,000.00. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the special master’s decision
and the Court’s judgment award the following:1
A. A lump sum payment of $50,000.00 in the form of a check payable to petitioner, Ketleen
Dormeus. This amount accounts for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future lost earnings, and future pain and suffering.

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Respectfully submitted,
BENJAMIN C. MIZER
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
s/Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
Ben Franklin Station, P.O. Box 146
Washington, D.C. 20044-0146
Tel.: (202) 353-1589
DATE: March 11, 2014
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00551-1
Date issued/filed: 2015-09-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/8/2015) regarding 27 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00551-UNJ Document 30 Filed 09/29/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-551V
Filed: September 8, 2015
* * * * * * * * * * * * * * * UNPUBLISHED
KETLEEN DORMEUS, *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. * Attorneys’ Fees and Costs;
* Reasonable Amount Requested to
SECRETARY OF HEALTH * which Respondent Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
Robert Land, Philadelphia, PA, for Petitioner.
Traci Patton, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On June 27, 2014, Ketleen Dormeus (“Petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program (“the Program”).2 Petitioner alleged
that a diphtheria-pertussis-tetanus (“DPT”) vaccination she received on November 21, 2010
caused her to suffer from bursitis and adhesive capsulitis. On January 9, 2015, the undersigned
ruled that Petitioner was entitled to compensation for her injury, and on March 11, 2015, the
undersigned issued a decision awarding compensation to Petitioner.
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 Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual
section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:14-vv-00551-UNJ Document 30 Filed 09/29/15 Page 2 of 2
On September 8, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’
Fees and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $5,017.02 in
attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner represents that
she has not personally incurred any expenses in pursuit of her claim.
The undersigned finds 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. The undersigned construes this as an application for final attorneys’ fees and costs.
Accordingly, the undersigned hereby awards the amount of $5,017.02, in the form of a
check made payable jointly to Petitioner and Petitioner’s counsel, Robert Land.
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/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
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