VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00835 Package ID: USCOURTS-cofc-1_14-vv-00835 Petitioner: Pamela Lawrence Filed: 2014-09-08 Decided: 2021-08-31 Vaccine: influenza Vaccination date: 2013-10-31 Condition: allergic reaction Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Pamela Lawrence filed a petition for compensation under the National Vaccine Injury Compensation Program on September 8, 2014. She alleged that the Influenza ("flu") vaccine she received on October 31, 2013, caused her to suffer an allergic reaction, including various symptoms, and that her injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's alleged injuries or any other injury or condition. On July 27, 2021, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation to Petitioner. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $60,000.00, payable to her, as compensation for all damages available under the program. This award represents a settlement between the parties, with the respondent denying causation but agreeing to compensation. Braden A. Blumenstiel of The Law Offices of DuPont & Blumenstiel represented Petitioner, and Camille M. Collett of the United States Department of Justice represented Respondent. The decision was issued on August 31, 2021. Theory of causation field: Pamela Lawrence alleged that an Influenza vaccine received on October 31, 2013, caused an allergic reaction and injury lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for award, agreeing to compensation without admitting the vaccine caused the injury. Petitioner was awarded $60,000.00 as a lump sum. The specific theory of causation, medical experts, clinical details of the reaction, onset, symptoms, tests, or treatments were not described in the public decision. The Special Master was Herbrina Sanders. The decision date was August 31, 2021. Petitioner's counsel was Braden A. Blumenstiel, and Respondent's counsel was Camille M. Collett. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00835-0 Date issued/filed: 2021-08-31 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/29/2021) regarding 157 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rig) Service on parties made. -------------------------------------------------------------------------------- Case 1:14-vv-00835-UNJ Document 159 Filed 08/31/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: July 29, 2021 * * * * * * * * * * * * * * * * * * * * * * * * * PAMELA LAWRENCE, * No. 14-835V * Petitioner, * Special Master Sanders v. * * SECRETARY OF HEALTH * Stipulation for Award; Influenza (“Flu”) AND HUMAN SERVICES, * Vaccine; Allergic Reaction * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Braden A. Blumenstiel, The Law Offices of DuPont & Blumenstiel, Dublin, OH, for Petitioner. Camille M. Collett, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On September 8, 2014, Pamela Lawrence (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that the Influenza (“flu”) vaccine she received on October 31, 2013, caused her to suffer an allergic reaction including various symptoms. See Pet. ¶¶ 5–7, ECF No. 1. Petitioner further alleged that her injury lasted for more than six months. See id. ¶¶ 19, 24. On July 27, 2021, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 156. The parties state that “Respondent denies that the flu vaccine caused [P]etitioner’s alleged injuries, or any other injury or [P]etitioner’s current condition.” Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. See id. ¶ 7. I find the stipulation reasonable and adopt 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 $60,000.00 in the form of a check payable to [P]etitioner. 1 This Decision shall be posted 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 (2012)). This means the Decision will be available to anyone with access to the Internet. 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 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Case 1:14-vv-00835-UNJ Document 159 Filed 08/31/21 Page 2 of 7 This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. ¶ 8. I approve 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 Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders 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 Case 1:14-vv-00835-UNJ Document 159 Filed 08/31/21 Page 3 of 7 Case 1:14-vv-00835-UNJ Document 159 Filed 08/31/21 Page 4 of 7 Case 1:14-vv-00835-UNJ Document 159 Filed 08/31/21 Page 5 of 7 Case 1:14-vv-00835-UNJ Document 159 Filed 08/31/21 Page 6 of 7 Case 1:14-vv-00835-UNJ Document 159 Filed 08/31/21 Page 7 of 7