VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00735
Package ID: USCOURTS-cofc-1_17-vv-00735
Petitioner: Kebba Dampha
Filed: 2017-06-02
Decided: 2018-10-24
Vaccine: influenza
Vaccination date: 2014-10-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 81533

AI-assisted case summary:
Kebba Dampha filed a petition for compensation under the National Vaccine Injury Compensation Program on June 2, 2017. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving influenza and Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccinations on October 22, 2014. Mr. Dampha further alleged that he experienced residual effects of this injury for more than six months and that there had been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. The Secretary of Health and Human Services, respondent, denied that the flu or Tdap vaccines caused Mr. Dampha to suffer from SIRVA, or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, on September 5, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Mr. Dampha was awarded a lump sum of $81,533.18, payable by check to the petitioner, representing compensation for all eligible damages. The decision was entered on October 24, 2018. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Gabrielle Manganiello Fielding of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kebba Dampha alleged a shoulder injury related to vaccine administration (SIRVA) following influenza and Tdap vaccinations on October 22, 2014. The respondent denied causation. The parties filed a joint stipulation on September 5, 2018, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $81,533.18 as compensation for all eligible damages. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. The theory of causation is based on the "Table" as indicated by the initial data, but the specific Table category is not detailed in the provided text. The decision date was October 24, 2018. Petitioner's counsel was John Robert Howie, and respondent's counsel was Gabrielle Manganiello Fielding.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00735-0
Date issued/filed: 2018-10-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/05/2018) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00735-UNJ Document 49 Filed 10/24/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-735V
Filed: September 5, 2018
UNPUBLISHED
KEBBA DAMPHA,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Tetanus
Petitioner,
Diphtheria acellular Pertussis (Tdap)
v.
Vaccine; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH AND
Administration (SIRVA)
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Gabrielle Manganiello Fielding, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 2, 2017, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of receiving influenza (“flu”) and Tetanus-
Diphtheria-acellular Pertussis (“Tdap”) vaccinations on October 22, 2014. Petition at 1;
Stipulation, filed September 5, 2018, at ¶ 4. Petitioner further alleges that he
experienced residual effects of this injury for more than six months and that there has
been no prior award of settlement of a civil action for damages on his behalf as a result
of his condition. Petition at 7; Stipulation at ¶¶ 4-5. “Respondent denies that the flu or
Tdap vaccines caused petitioner to suffer from SIRVA, or any other injury, and denies
that petitioner’s current disabilities are sequelae of a vaccine-related injury. ” Stipulation
at ¶ 6.
1 Because this unpublished decision 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 1:17-vv-00735-UNJ Document 49 Filed 10/24/18 Page 2 of 7
Nevertheless, on September 5, 2018, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $81,533.18 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:17-vv-00735-UNJ Document 49 Filed 10/24/18 Page 3 of 7

Case 1:17-vv-00735-UNJ Document 49 Filed 10/24/18 Page 4 of 7

Case 1:17-vv-00735-UNJ Document 49 Filed 10/24/18 Page 5 of 7

Case 1:17-vv-00735-UNJ Document 49 Filed 10/24/18 Page 6 of 7

Case 1:17-vv-00735-UNJ Document 49 Filed 10/24/18 Page 7 of 7