VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00856
Package ID: USCOURTS-cofc-1_16-vv-00856
Petitioner: J.M.
Filed: 2017-04-27
Decided: 2020-11-10
Vaccine: Haemophilus influenza B
Vaccination date: 2013-07-23
Condition: sterile abscess; scar; right thigh cellulitis
Outcome: compensated
Award amount USD: 36697

AI-assisted case summary:
On July 27, 2016, Kathryn N. Lake, as parent and legal representative of her minor daughter J.M., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that following a Haemophilus influenza B (Hib) vaccination administered on July 23, 2013, J.M. developed small blisters at the injection site, leading to pain, swelling, and induration. This condition further resulted in an abscess on her right thigh that required incision and drainage, leaving a permanent scar. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 21, 2016, conceding that the evidence established J.M.'s injury was consistent with an abscess on her right thigh due to the Hib vaccine and was not due to unrelated factors. The respondent agreed that J.M.'s abscess and resulting scar were compensable as a "caused-in-fact" injury under the Act. On January 4, 2017, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding that petitioner was entitled to compensation based on the respondent's concession and the evidence. Subsequently, on October 16, 2020, Kathryn N. Moore, as parent and legal representative of J.M., and the respondent filed a stipulation recommending an award of compensation. The stipulation noted that the respondent did not find preponderant evidence demonstrating that J.M.'s right thigh cellulitis, abscess, and scarring were caused by a factor unrelated to her Hib vaccination. On November 10, 2020, Special Master Nora Beth Dorsey adopted the stipulation. J.M. was awarded a total of $36,697. This amount included a lump sum of $35,000.00 for pain and suffering, payable to petitioner as guardian/conservator of J.M.'s estate. Additionally, two lump sums were awarded for reimbursement of liens for vaccine injury-related services: $828.99 payable jointly to petitioner and the Department of Health Care Services, and $768.62 payable jointly to petitioner and Beacon Health Strategies. Petitioner agreed to endorse these checks to the respective entities. The award represented compensation for all damages available under the Act. Ramon Rodriguez, III, of Rawls, McNelis and Mitchell, P.C., represented the petitioner in the initial filing, and later Ramon Rodriguez, III, of Sands Anderson, P.C., represented the petitioner for the stipulation. Camille Michelle Collett, and later Camille M. Collett, of the U.S. Department of Justice, represented the respondent.

Theory of causation field:
Petitioner alleged that J.M. sustained a sterile abscess, scar, and right thigh cellulitis as a result of a Haemophilus influenza B (Hib) vaccination administered on July 23, 2013. The respondent conceded entitlement, agreeing that the evidence established J.M.'s injury was consistent with an abscess on her right thigh due to the Hib vaccine and was not due to unrelated factors, thus meeting the "caused-in-fact" standard. The case proceeded as an off-Table claim. The parties stipulated to an award of $36,697, comprising $35,000 for pain and suffering and $1,597.61 for reimbursement of liens for vaccine injury-related services. Special Master Nora Beth Dorsey issued the ruling on entitlement and later adopted the stipulation for the award. Petitioner counsel was Ramon Rodriguez, III, and respondent counsel was Camille M. Collett.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00856-0
Date issued/filed: 2017-04-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/04/2017) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. Modified on 6/19/2017 to correct docket text (kh).
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Case 1:16-vv-00856-UNJ Document 30 Filed 04/27/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-856V
Filed: January 4, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KATHRYN N. LAKE, as Parent and *
Legal Representative of her Minor *
Daughter, J.M., *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Haemophilus influenza B (“Hib”);
* Sterile abscess; scar;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 27, 2016, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act”). Petitioner alleges that following receipt of a haemphilus influenza b (“Hib”)
vaccination on July 23, 2013, minor child J.M. experienced small blisters at the
vaccination site leading to pain, swelling and induration, which further resulted in
incision and drainage of an abscess, leaving a permanent scar. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On December 21, 2016, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, respondent “has concluded that a preponderance of the
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00856-UNJ Document 30 Filed 04/27/17 Page 2 of 2
evidence establishes that JM’s injury is consistent with an abscess on her right thigh
due to the July 23, 2013, administration of the Hib vaccine, and that JM’s injuries are
not due to factors unrelated to that vaccination. Thus, in light of the information
contained in JM’s medical records, respondent has concluded that JM’s abscess and
resulting scar are compensable as a “caused-in-fact” injury under the Act.” Id. at 5.
Respondent further agrees that petitioner has satisfied all legal prerequisites for
compensation under the act. Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00856-2
Date issued/filed: 2020-11-10
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 10/16/2020) regarding 112 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (Attachments: # (1) Appendix A)(mca) Service on parties made.
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Case 1:16-vv-00856-UNJ Document 115 Filed 11/10/20 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: October 16, 2020
* * * * * * * * * * * * * * *
KATHRYN N. MOORE, as parent and * UNPUBLISHED
legal representative of her minor daughter, *
J.M., * No. 16-856V
*
Petitioner, * Special Master Dorsey
*
v. *
* Decision Based on Stipulation;
SECRETARY OF HEALTH * Hemophilus Influenza Type B (“Hib”);
AND HUMAN SERVICES, * Vaccine; Right-Thigh Cellulitis; Abscess;
* Scarring.
Respondent. *
*
* * * * * * * * * * * * * * *
Ramon Rodriguez, III, Sands Anderson, P.C., Richmond, VA, for petitioner.
Camille M. Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On July 21, 2016, Kathryn N. Moore (“petitioner”) filed a petition in the National
Vaccine Injury Compensation Program.2 Petitioner alleged that as a result of Hemophilus
influenza Type B (“Hib”) vaccine administered to her minor daughter, J.M., on July 23, 2013,
J.M. suffered from right thigh cellulitis, abscess, and scarring. Petition at 1-2 (ECF No. 1).
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it on the United States Court of Federal Claims’ website in
accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). This means the Decision will
be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b),
petitioner has 14 days to identify and move to redact medical or other information, the disclosure
of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such
material from public access.
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 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.

Case 1:16-vv-00856-UNJ Document 115 Filed 11/10/20 Page 2 of 3
On October 16, 2020, the parties filed a stipulation recommending an award of
compensation to petitioner. Stipulation (ECF No. 111). Respondent finds that there is not
preponderant evidence demonstrating J.M.’s right thigh cellulitis, abscess, and scarring were
caused from a factor unrelated to her Hib vaccination. Id. at ¶ 5. 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 stipulate that petitioner shall receive the following compensation:
a. A lump sum of $35,000.00, consisting of pain and suffering, in the form of a check
payable to petitioner as guardian/conservator of J.M.’s estate;
b. A lump sum of $828.99, representing the reimbursement of a lien for vaccine
injury-related services rendered on behalf of J.M., in the form of a check payable
jointly to petitioner and
Department of Health Care Services
Recovery Branch - MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
Petitioner agrees to endorse this check to the Department of Health Care Services.
c. A lump sum of $768.62, representing the reimbursement of a lien for vaccine
injury-related services rendered on behalf of J.M., in the form of a check payable
jointly to petitioner and
Beacon Health Strategies
200 State Street, Suite 302
Boston, MA 02109
Attn: Gregg A. Rubenstein, Associate General Counsel
Petitioner agrees to endorse this check to Beacon Health Strategies.
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation at ¶ 12.
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
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
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 1:16-vv-00856-UNJ Document 115 Filed 11/10/20 Page 3 of 3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master