VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00255
Package ID: USCOURTS-cofc-1_15-vv-00255
Petitioner: Janet Florence
Filed: 2015-05-28
Decided: 2015-06-26
Vaccine: influenza
Vaccination date: 2012-12-02
Condition: lymphedema
Outcome: compensated
Award amount USD: 258381.93

AI-assisted case summary:
Janet Florence filed a petition on May 28, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccine administered on December 2, 2012, caused her to develop lymphedema. The respondent, the Secretary of Health and Human Services, reviewed the record and issued a report on May 19, 2015. The respondent stated that Ms. Florence's claim was compensable under the Act, concluding that her left arm lymphedema was causally related to the December 2, 2012, flu vaccination. The respondent also confirmed that Ms. Florence met the statutory requirement of suffering the condition for more than six months. Special Master Christian J. Moran reviewed the record and, based on this review, found that Ms. Florence had established her entitlement to compensation. A status conference was scheduled for June 15, 2015, to discuss the process for quantifying the amount of damages. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses. The attorneys involved were Lawrence R. Cohan for the Petitioner and Heather L. Pearlman for the Respondent.

Theory of causation field:
Petitioner Janet Florence received an influenza vaccine on December 2, 2012. She alleged that this vaccination caused her to develop lymphedema. The respondent, the Secretary of Health and Human Services, reviewed the record and determined that the petitioner's left arm lymphedema was causally related to the vaccination and that the condition persisted for more than six months, meeting the statutory requirements for compensation under the National Vaccine Injury Compensation Program. Special Master Christian J. Moran reviewed the record and found entitlement to compensation. The specific theory of causation under the Table is not detailed in the public text, nor are any medical experts named. The outcome was a finding of entitlement to compensation, with a subsequent status conference to determine the award amount. The petition was filed on May 28, 2015, and the ruling on entitlement was issued on June 26, 2015. Petitioner's counsel was Lawrence R. Cohan, and respondent's counsel was Heather L. Pearlman.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00255-0
Date issued/filed: 2015-06-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/28/2015) regarding 10 Ruling on Entitlement. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:15-vv-00255-UNJ Document 14 Filed 06/26/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JANET FLORENCE, * No. 15-255V
* Special Master Christian J. Moran
Petitioner, *
*
v. *
* Filed: May 28, 2015
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Stipulation; influenza (“flu”) vaccine;
* lymphedema.
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol, Schwartz, et al., Philadelphia, PA, for Petitioner;
Heather L. Pearlman, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED RULING FINDING
ENTITLEMENT TO COMPENSATION1
On March 12, 2015, Janet Florence, filed a petition for compensation
alleging that the influenza (“flu”) vaccine she received on December 2, 2012,
caused her to suffer lymphedema. Ms. Florence seeks compensation pursuant to
the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa –10
through 34 (2012).
In her Rule 4 (c) report, respondent stated that Ms. Florence’s claim is
compensable under the Act. Respondent stated that a review of the record by the
Division of Vaccine Injury Compensation, Department of Health and Human
Services, has led to the determination that “petitioner’s left arm lymphedema is
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:15-vv-00255-UNJ Document 14 Filed 06/26/15 Page 2 of 2
causally related to the administration of her December 2, 2012 flu vaccination, and
that petitioner met the statutory requirements by suffering the condition for more
than six months.” Resp’t’s Rep., filed May 19, 2015, at 3.
Special masters may determine whether a petitioner is entitled to
compensation based upon the record. A hearing is not required. 42 U.S.C. §
300aa-13; Vaccine Rule 8(d). Based upon a review of the record as a whole, the
undersigned finds that petitioner has established that she is entitled to
compensation for her injury.
Accordingly, Ms. Florence is entitled to compensation. A status
conference is set, sua sponte, for Monday, June 15, 2015 at 11:00 A.M. Eastern
Time to discuss the process for quantifying the amount of damages to which she is
entitled.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 All preexisting deadlines are CANCELLED.
2