VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01759 Package ID: USCOURTS-cofc-1_18-vv-01759 Petitioner: Elizabeth Lampman Filed: 2018-11-15 Decided: 2019-12-26 Vaccine: influenza Vaccination date: 2017-09-11 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) and gastroparesis Outcome: compensated Award amount USD: 87500 AI-assisted case summary: Elizabeth Lampman filed a petition for compensation under the National Vaccine Injury Program on November 15, 2018. She alleged that after receiving an influenza vaccine on September 11, 2017, she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) and gastroparesis. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused these conditions. The parties, maintaining their respective positions, reached a stipulation for an award. The stipulation provided for a lump sum payment of $87,500.00, payable to Ms. Lampman via check, as compensation for all damages. Special Master Thomas L. Gowen adopted the stipulation and awarded compensation accordingly. The decision was filed on December 26, 2019. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses. Petitioner counsel was Michael G. McLaren of Black McLaren, et al., PC. Respondent counsel was Julia M. Collison of the U.S. Dept. of Justice. Theory of causation field: Petitioner Elizabeth Lampman received an influenza vaccine on September 11, 2017, and alleged that it caused Shoulder Injury Related to Vaccine Administration (SIRVA) and gastroparesis. The respondent denied causation. The parties stipulated to an award of $87,500.00. The public decision does not specify a theory of causation, mention any medical experts, or detail the mechanism of injury. The Special Master was Thomas L. Gowen. The decision date was December 26, 2019. Petitioner counsel was Michael G. McLaren, and respondent counsel was Julia M. Collison. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01759-0 Date issued/filed: 2019-12-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/25/2019) regarding 33 DECISION Stipulation/Proffer. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01759-UNJ Document 37 Filed 12/26/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: November 25, 2019 * * * * * * * * * * * * * ELIZABETH LAMPMAN, * Unpublished * Petitioner, * No. 18-1759V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation for Award; Influenza AND HUMAN SERVICES, * (“flu”) Vaccine; Shoulder Injury * Related to Vaccine Administration Respondent. * (“SIRVA”); Gastroparesis. * * * * * * * * * * * * * Michael G. McLaren, Black McLaren, et al., PC, Memphis, TN, for petitioner. Julia M. Collison, U.S. Dept. of Justice, Washington, D.C., for respondent. DECISION FOR STIPULATION1 On November 15, 2018, Elizabeth Lampman (“petitioner”), filed a petition for compensation under the National Vaccine Injury Program.2 Petition (ECF No. 1); Amended Petition at ¶ 2 (ECF No. 12). Petitioner received an influenza (“flu”) vaccine on September 11, 2017. Amended Petition at ¶ 2; Stipulation at ¶ 2 (ECF No. 32). Petitioner alleged that as a result of receiving the flu vaccination, she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) and gastroparesis. Amended Petition at Preamble. On November 25, 2019, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation at ¶ 7. Respondent denies that the flu vaccine is the cause of petitioner’s alleged SIRVA, gastroparesis, or any other injury or her current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 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.A. § 300aa. Case 1:18-vv-01759-UNJ Document 37 Filed 12/26/19 Page 2 of 7 now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation to petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation provides: 1) A lump sum of $87,500.00 in the form of a check payable to the petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:18-vv-01759-UNJ Document 37 Filed 12/26/19 Page 3 of 7 Case 1:18-vv-01759-UNJ Document 37 Filed 12/26/19 Page 4 of 7 Case 1:18-vv-01759-UNJ Document 37 Filed 12/26/19 Page 5 of 7 Case 1:18-vv-01759-UNJ Document 37 Filed 12/26/19 Page 6 of 7 Case 1:18-vv-01759-UNJ Document 37 Filed 12/26/19 Page 7 of 7