VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00924
Package ID: USCOURTS-cofc-1_17-vv-00924
Petitioner: H.S.
Filed: 2017-07-07
Decided: 2018-03-27
Vaccine: Haemophilus influenzae type b (Hib)
Vaccination date: 2016-01-11
Condition: subcutaneous nodule with residual skin discoloration
Outcome: compensated
Award amount USD: 30217

AI-assisted case summary:
On July 7, 2017, H.S., a minor, by his mother Jennifer Stracick, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that after receiving the Haemophilus influenzae type b (Hib) vaccine on January 11, 2016, H.S. developed a lump on his left thigh at the injection site and suffered permanent physical injuries and significant ongoing pain and suffering that persisted for longer than six months. Petitioner maintained that H.S.'s injuries were caused-in-fact by the Hib vaccine and that neither H.S. nor his mother had previously received compensation for vaccine-related injuries. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 17, 2017, conceding that H.S. was entitled to compensation for a subcutaneous nodule with residual skin discoloration at the vaccination site. The respondent concluded that it was more likely than not that H.S. developed this condition due to the Hib vaccination and not due to unrelated factors, and agreed that petitioner met the statutory and jurisdictional requirements of the Vaccine Act. On October 19, 2017, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding H.S. entitled to compensation. Subsequently, on December 22, 2017, the respondent filed a proffer on award of compensation. The proffer stipulated that H.S. should be awarded $30,217.98, comprising a lump sum of $30,000.00 for pain and suffering and a lump sum of $217.98 for past unreimbursable expenses. The $30,000.00 payment for pain and suffering was to be made via check payable to petitioner as guardian/conservator of H.S.'s estate, contingent upon documentation of such appointment. If petitioner was not authorized to serve as guardian/conservator, the payment was to be made to the court-appointed party. The $217.98 for past unreimbursable expenses was to be paid via check to Jennifer Stracick. Petitioner agreed with the proffered award. On March 27, 2018, Chief Special Master Nora Beth Dorsey issued a decision awarding damages based on the proffer, granting the total amount of $30,217.98. Petitioner's counsel was Michael G. McLaren, and respondent's counsel was Justine Elizabeth Walters. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioner filed a petition alleging that H.S., a minor, suffered a subcutaneous nodule with residual skin discoloration at the site of his January 11, 2016 Haemophilus influenzae type b (Hib) vaccination, which was caused-in-fact by the vaccine. The respondent conceded entitlement, finding it more likely than not that the subcutaneous nodule with residual skin discoloration was caused by the Hib vaccination and not due to unrelated factors. The case proceeded to a damages decision based on a stipulation. The award totaled $30,217.98, consisting of $30,000.00 for pain and suffering and $217.98 for past unreimbursable expenses. The decision was issued by Chief Special Master Nora Beth Dorsey on March 27, 2018, following a ruling on entitlement on October 19, 2017. Petitioner was represented by Michael G. McLaren, and respondent by Justine Elizabeth Walters. The theory of causation was "Off-Table" as per the provided database fields, and the public decision does not detail specific medical experts, the mechanism of injury, or the specific onset of symptoms beyond the development of the nodule and discoloration.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00924-0
Date issued/filed: 2018-02-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/19/2017) regarding 14 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00924-UNJ Document 23 Filed 02/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-924V
Filed: October 19, 2017
UNPUBLISHED
H.S., a minor, by his mother,
JENNIFER STRACICK, Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
Petitioner, Causation-In-Fact; Haemophilus
v. influenzae type b (Hib) Vaccine;
Subcutaneous Nodule or Lump; Skin
SECRETARY OF HEALTH AND Discoloration
HUMAN SERVICES,
Respondent.
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for
petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 7, 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”). Petition (ECF No. 1). Petitioner alleges that, after receiving the Haemophilus
influenzae type b (“Hib”) vaccine on January 11, 2016 (id. at ¶ 2), her minor child, H.S.,
“developed a lump on his left thigh at the site of injection” (id. at ¶ 3) and suffered
“permanent physical injuries and significant ongoing pain and suffering” (id. at ¶ 7). She
maintains that H.S.’s injuries were caused-in-fact by the Hib vaccine. Id. at 1.
Petitioner further alleges that H.S. “endured permanent physical injuries and significant
ongoing pain and suffering . . . that persisted for longer than six months” (id. at ¶ 7) and
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 1:17-vv-00924-UNJ Document 23 Filed 02/23/18 Page 2 of 2
that “neither [H.S.] nor his mother have ever received compensation in the form of an
award or settlement for [H.S.’s] vaccine related injuries” (id. at ¶ 8). The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 17, 2017, respondent filed his Rule 4(c) report in which he concedes
that “petitioner is entitled to compensation for the subcutaneous nodule with residual
skin discoloration that H.S. developed at the site of his January 11, 2016 Hib
vaccination.” Respondent’s Rule 4(c) Report at 1. Specifically, respondent “concluded
that H.S. more likely than not developed a subcutaneous nodule at the site of his
January 11, 2016, Hib vaccination, and that this injury is not due to factors unrelated to
the Hib vaccination.” Id. at 3. Respondent further agrees that petitioner has met the
statutory and jurisdictional requirements of the Vaccine Act. Id. at 4.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00924-1
Date issued/filed: 2018-03-27
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 12/22/2017) regarding 19 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00924-UNJ Document 24 Filed 03/27/18 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0924V
Filed: December 22, 2017
UNPUBLISHED
H.S., a minor, by his mother,
JENNIFER STRACICK,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on Proffer;
v.
Haemophilus influenzae type b (Hib)
Vaccine; Subcutaneous Nodule or
SECRETARY OF HEALTH AND
Lump; Skin Discoloration
HUMAN SERVICES,
Respondent.
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for
petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 7, 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”). Petition (ECF No. 1). Petitioner alleges that, after receiving the Haemophilus
influenzae type b (“Hib”) vaccine on January 11, 2016 (id. at ¶ 2), her minor child, H.S.,
“developed a lump on his left thigh at the site of injection” (id. at ¶ 3) and suffered
“permanent physical injuries and significant ongoing pain and suffering” (id. at ¶ 7). She
maintains that H.S.’s injuries were caused-in-fact by the Hib vaccine. Id. at 1.
Petitioner further alleges that H.S. “endured permanent physical injuries and significant
ongoing pain and suffering . . . that persisted for longer than six months” (id. at ¶ 7) and
that “neither [H.S.] nor his mother have ever received compensation in the form of an
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-00924-UNJ Document 24 Filed 03/27/18 Page 2 of 6
award or settlement for [H.S.’s] vaccine related injuries” (id. at ¶ 8). The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 19, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for H.S.’s subcutaneous nodule or lump with residual skin
discoloration. On December 22, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating compensation in the amount of $30,217.98 should
be awarded as follows:
 A lump sum payment of $30,000.00 for H.S.’s pain and suffering; and
 A lump sum payment of $217.98 for petitioner’s past unreimburseable
expenses.
Proffer at 2-3. In the Proffer, it is specified that the $30,000 payment for H.S.’s pain and
suffering shall be in the form of a check payable to petitioner as guardian/conservator of
H.S.’s estate, for the benefit of H.S., only after petitioner has provided “documentation
establishing that she has been appointed as guardian/conservator of H.S.’s estate.” Id.
at 2. Furthermore, “[i]f petitioner is not authorized by a court of competent jurisdiction to
serve as guardian/conservator of the estate of H.S., any such payment shall be made to
the party or parties appointed by a court of competent jurisdiction to serve as
guardian/conservator of the estate of H.S. upon submission of written documentation of
such appointment to the Secretary.” Id.
In the Proffer, respondent represented that petitioner agrees with the proffered
award. Id. 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 $30,217.98 as follows:
A. A lump sum of $30,000.00, representing compensation for H.S.’s pain
and suffering in the form of a check payable to petitioner as
guardian/conservator of H.S.’s estate; and
B. A lump sum of $217.98, representing compensation for petitioner’s past
unreimburseable expenses in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available under §
300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
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-00924-UNJ Document 24 Filed 03/27/18 Page 3 of 6
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3

Case 1:17-vv-00924-UNJ Document 24 Filed 03/27/18 Page 4 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
H.S., a Minor, by His Mother, )
JENNIFER STRACICK, )
)
Petitioner, )
) No. 17-924V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 10, 2017, petitioner, Jennifer Stracick, on behalf of her minor child, H.S., filed a
petition for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. §§
300aa-10 to -34 (“Vaccine Act”), alleging that H.S. suffered an injury that was “caused-in-fact”
by a Hib vaccination, which H.S. received on January 11, 2016. On October 17, 2017,
respondent filed a Rule 4(c) Report indicating that petitioner is entitled to compensation for the
subcutaneous nodule with residual skin discoloration that H.S. developed at the site of his
January 11, 2016, Hib vaccination. For the purposes of this proffer, the term “vaccine-related” is
as described in Respondent’s Rule 4(c) Report. On October 19, 2017, Chief Special Master
Dorsey issued a Ruling on Entitlement finding that petitioner is entitled to compensation for
H.S.’s vaccine-related injury.

Case 1:17-vv-00924-UNJ Document 24 Filed 03/27/18 Page 5 of 6
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that H.S. should be awarded $30,000.00 for actual and projected
pain and suffering. This amount reflects that the award for projected pain and suffering has been
reduced to net present value.1 See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to H.S.’s vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $217.98. Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to H.S. should be made through
lump sum payments as described below and request that the Chief Special Master’s decision and
the Court’s judgment award the following:
A. A lump sum payment of $30,000.00, representing compensation for pain and
suffering, in the form of a check payable to petitioner as guardian/conservator of H.S., for the
benefit of H.S. No payments shall be made until petitioner provides respondent with
documentation establishing that she has been appointed as guardian/conservator of H.S.’s estate.
If petitioner is not authorized by a court of competent jurisdiction to serve as
guardian/conservator of the estate of H.S., any such payment shall be made to the party or parties
appointed by a court of competent jurisdiction to serve as guardian/conservator of the estate of
H.S. upon submission of written documentation of such appointment to the Secretary.
-2-

Case 1:17-vv-00924-UNJ Document 24 Filed 03/27/18 Page 6 of 6
B. A lump sum payment of $217.98, representing compensation for past
unreimbursable expenses made payable to Jennifer Stracick, petitioner.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner as guardian/conservator of
H.S.’s estate: $30,000.00
B. Lump sum paid to petitioner: $217.98
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Justine Walters
JUSTINE WALTERS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 307-6393
Dated: December 22, 2017
1 Should H.S. 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.
-3-