VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00289
Package ID: USCOURTS-cofc-1_19-vv-00289
Petitioner: L.M.B.
Filed: 2019-02-25
Decided: 2022-11-07
Vaccine: Tdap
Vaccination date: 2017-02-27
Condition: left thigh cellulitis, infection, abscess requiring surgical incision and drainage, and significant scarring and disfigurement
Outcome: compensated
Award amount USD: 145607

AI-assisted case summary:
On February 25, 2019, Emily Baker, as parent and natural guardian for her minor child L.M.B., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that L.M.B. sustained left thigh cellulitis, infection, abscess requiring surgical incision and drainage, and significant scarring and disfigurement, which were caused-in-fact by the Tdap and MMRV vaccinations administered on February 27, 2017. The petition stated that the vaccinations were administered in the United States, that L.M.B. suffered residual effects for more than six months, required surgery and hospitalization, and that no civil action had been filed or compensation received for these alleged vaccine-caused injuries. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 7, 2020, conceding that L.M.B. is entitled to compensation. The respondent concluded that the medical evidence established that the cellulitis and abscess were caused-in-fact by the vaccinations and that the petitioner had satisfied all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 7, 2020, finding the petitioner entitled to compensation. On October 5, 2022, the parties submitted a proffer for the award of compensation. The decision, issued by Chief Special Master Brian H. Corcoran on November 7, 2022, awarded compensation totaling $145,607.23. This award included a lump sum payment of $8,427.23 to satisfy the State of Indiana Medicaid lien, payable jointly to petitioner and Anthem. Additionally, $137,180.78 was awarded to purchase an annuity contract for L.M.B.'s pain and suffering, with specific lump sum payments scheduled for January 2, 2036, January 2, 2038, and January 2, 2040. An additional amount was awarded to purchase a second annuity contract for L.M.B.'s expenses, providing annual payments starting in 2031, increasing at 5% compounded annually, and continuing for four years, life contingent. The public decision does not describe the specific clinical details of the injury onset, symptoms, diagnostic tests, or treatments beyond the stated conditions and surgical intervention. The public decision also does not name any specific medical experts or detail the mechanism of injury beyond the respondent's concession of causation-in-fact.

Theory of causation field:
Petitioner Emily Baker, on behalf of minor L.M.B., alleged that Tdap and MMRV vaccinations administered on February 27, 2017, caused-in-fact left thigh cellulitis, infection, abscess requiring surgical incision and drainage, and significant scarring and disfigurement. Respondent conceded entitlement to compensation, finding that the medical evidence established causation-in-fact between the vaccinations and L.M.B.'s cellulitis and abscess. The case was ruled on entitlement by Chief Special Master Brian H. Corcoran on February 7, 2020. Compensation was awarded on November 7, 2022, totaling $145,607.23, including a $8,427.23 lump sum for the Indiana Medicaid lien, $137,180.78 for an annuity for pain and suffering, and an additional amount for an annuity for expenses. The public decision does not detail the specific mechanism of injury or name any medical experts, but relies on the respondent's concession of off-Table causation. Attorneys for petitioner were Heather M. Bonnet-Hebert and Robert B. Feingold & Associates. Attorney for respondent was Naseem Kourosh. Chief Special Master Brian H. Corcoran issued the rulings.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00289-0
Date issued/filed: 2020-03-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/07/2020) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00289-UNJ Document 25 Filed 03/09/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0289V
UNPUBLISHED
EMILY BAKER, as Parent and Natural Chief Special Master Corcoran
Guardian, on behalf of L.M.B., a minor,
Filed: February 7, 2020
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Causation-In-Fact; Tetanus
HUMAN SERVICES, Diphtheria acellular Pertussis (Tdap)
Vaccine; Measles Mumps Rubella
Respondent. Varicella (MMRV) Vaccine; Cellulitis;
Infection; Abscess; Scarring;
Disfigurement
Heather M. Bonnet-Hebert, New Bedford, MA, for petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On February 25, 2019, Emily Baker filed a petition on behalf of her minor child,
L.M.B., for compensation under the National Vaccine Injury Compensation Program, 42
U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that L.M.B. sustained
injuries, specifically “left thigh cellulitis, infection, abscess requiring surgical incision and
drainage, and significant scarring and disfigurement, that were caused-in-fact by
adverse effects of the DTap and MMRV vaccinations . . . administered in L.M.B.’s left
thigh on February 27, 2017.” Petition at 1; accord. id. at ¶¶ 2, 16. Petitioner further
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
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 ruling 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, I agree that the identified material fits within this definition, I 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 1:19-vv-00289-UNJ Document 25 Filed 03/09/20 Page 2 of 2
alleges that L.M.B. received the vaccination in the United States, that L.M.B. suffered
the residual effects of her injuries for more than six months and required surgery and an
inpatient hospitalization, and that neither she nor any other party has filed a civil action
or received compensation for L.M.B.’s injuries, alleged as vaccine caused. Id. at ¶¶ 2,
17-18. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On February 7, 2020, Respondent filed his Rule 4(c) report in which he 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 medical
evidence establishes that L.M.B.’s left thigh cellulitis and abscess was caused-in-fact by
one or more of the vaccines she received on February 27, 2017.” Id. at 4. Respondent
further agrees that “based on the record as it now stands, petitioner has satisfied all
legal prerequisites for compensation under the Vaccine Act.” Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-00289-1
Date issued/filed: 2022-11-07
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 10/05/2022) regarding 59 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:19-vv-00289-UNJ Document 63 Filed 11/07/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0289V
UNPUBLISHED
EMILY BAKER, as Parent and Natural Chief Special Master Corcoran
Guardian, on behalf of L.M.B. a minor,
Filed: October 5, 2022
Petitioner,
v. Special Processing Unit (SPU);
Damages Decision Based on Proffer;
SECRETARY OF HEALTH AND Tetanus Diphtheria acellular
HUMAN SERVICES, Pertussis (Tdap) Vaccine; Measles
Mumps Rubella Varicella (MMRV)
Respondent. Vaccine; Cellulitis; Infection;
Abscess; Scarring; Disfigurement
Heather M. Bonnet-Hebert, Robert B. Feingold & Associates, New Bedford, MA, for
Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 25, 2019, Emily Baker filed a petition on behalf of her minor child,
L.M.B., for compensation under the National Vaccine Injury Compensation Program, 42
U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that L.M.B. sustained
injuries, specifically “left thigh cellulitis, infection, abscess requiring surgical incision and
drainage, and significant scarring and disfigurement, that were caused-in-fact by adverse
effects of the DTap and MMRV vaccinations . . . administered in L.M.B.’s left thigh on
February 27, 2017.” Petition at 1; accord. id. at ¶¶ 2, 16. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
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, I agree that the identified material fits within this definition, I 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42
U.S.C. § 300aa (2012).

Case 1:19-vv-00289-UNJ Document 63 Filed 11/07/22 Page 2 of 8
On February 7, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for L.M.B.’s cellulitis, infection, abscess, scarring, and disfigurement. On
October 5, 2022, Respondent filed a proffer on award of compensation (“Proffer”)
indicating Petitioner should be awarded $8,427.23 to satisfy the State of Indiana Medicaid
lien; $137,180.78 to purchase the annuity contract described in Section II.B. of the Proffer
to provide compensation for L.M.B.’s pain and suffering; and an amount sufficient to
purchase the annuity described in Section II.C. of the Proffer to provide compensation for
L.M.B.’s expenses. Proffer at 2-5.
Pursuant to the terms stated in the attached Proffer, I award Petitioner the
following compensation:
1. A lump sum payment of $8,427.23, representing compensation for
satisfaction of the State of Indiana Medicaid lien, payable jointly to Petitioner
and:
ANTHEM
P.O. Box 659940
San Antonio, TX 78265-9939
File No.: 107814612
Attn: Katherine Hettinger
Petitioner agrees to endorse this payment to Anthem for satisfaction of the Medicaid lien;
2. A lump sum payment of $137,180.78 to purchase the annuity contract
described in Section II.B. in the Proffer that will provide payments for
L.M.B.’s pain and suffering; and
3. An amount sufficient to purchase the annuity contract described in Section
II.C. of the Proffer that will provide payments for L.M.B.’s expenses.
This amount represents compensation for all damages that would be available under
§ 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
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 1:19-vv-00289-UNJ Document 63 Filed 11/07/22 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
EMILY BAKER, as Parent and Natural Guardian,
on behalf of L.M.B., a minor,
Petitioner, No. 19-289V (ECF)
Chief Special Master Corcoran
v.
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On February 25, 2019, Emily Baker (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (the “Vaccine
Act”). Petitioner alleged that petitioner’s minor child, L.M.B., suffered an injury that is
compensable under the Vaccine Act. ECF No. 1 at 1.
On February 7, 2020, respondent filed a report conceding that compensation under the
Vaccine Act is appropriate in this case. ECF No. 22. On the same date, the Chief Special
Master issued a Ruling on Entitlement, finding that petitioner is entitled to compensation, and a
Damages Order. ECF Nos. 24-25.

Case 1:19-vv-00289-UNJ Document 63 Filed 11/07/22 Page 4 of 8
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers, and the parties recommend, that
compensation be made through a lump sum and future annuity payments as described below, and
request that the Chief Special Master’s decision and the Court’s judgment award the following:1
A. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
Indiana Medicaid lien in the amount of $8,427.23, which represents full satisfaction of any right
of subrogation, assignment, claim, lien, or cause of action the State of Indiana may have against
any individual as a result of any Medicaid payments the State of Indiana has made to or on
behalf of L.M.B. from the date of her eligibility for benefits through the date of judgment in this
case as a result of L.M.B.’s alleged vaccine-related injury suffered on or about February 27,
2017, under Title XIX of the Social Security Act. Reimbursement of the State of Indiana
Medicaid lien shall be made through a lump sum payment of $8,427.23, representing
compensation for satisfaction of the State of Indiana Medicaid lien, in the form of a check
payable jointly to petitioner and
ANTHEM
P.O. Box 659940
San Antonio TX 78265-9939
File No.: 107814612
Attn: Katherine Hettinger
Petitioner agrees to endorse the check to Anthem for satisfaction of the Medicaid lien.
1 Should L.M.B. 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.
2

Case 1:19-vv-00289-UNJ Document 63 Filed 11/07/22 Page 5 of 8
B. Pain and Suffering
For pain and suffering, respondent proffers the amount of $137,180.78 to purchase an
annuity contract,2 paid to the life insurance company3 from which the annuity will be purchased,4
subject to the conditions described below, that will provide payments to L.M.B. as set forth
below:
A lump sum of $35,000.00 payable on January 2, 2036.
A lump sum of $80,000.00 payable on January 2, 2038.
A lump sum of $160,608.73 payable on January 2, 2040.
The cost of the annuity described in this section II.B shall neither be greater nor less than
$137,180.78. In the event that the cost of the annuity to be purchased is less than or greater than
$137,180.78 on the purchase date, the actual lump sum payable on January 2, 2040 will be
adjusted accordingly. Should L.M.B. predecease any of the annuity payments set forth in this
section II.B, any remaining annuity payments shall be made to her estate. In the event that
2 In respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
3 The Life Insurance Company must have a minimum of $250,000,000.00 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have
one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
4 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case
consistent with the Privacy Act and the routine uses described in the National Vaccine Injury
Compensation Program System of Records, No. 09-15-0056.
3

Case 1:19-vv-00289-UNJ Document 63 Filed 11/07/22 Page 6 of 8
L.M.B. dies prior to the completion of the annuity payments described in this section II.B,
L.M.B.’s estate representative will provide written notice to the Secretary of Health and Human
Services and to the Life Insurance Company shall be provided within twenty (20) days of
L.M.B.’s death.
C. Vaccine-Related Expenses
Respondent proffers that respondent will purchase an annuity contract5 from a life
insurance company6 for the benefit of L.M.B.7 subject to the conditions described below, that
will provide payments to L.M.B. as set forth below:
Beginning on the anniversary of the date of judgment in 2031, $17,542.67 per year for
four (4) years life contingent, increasing at 5% compounded annually from the date
payments begin.
The periodic payments shall be provided to L.M.B. in annual installments. L.M.B. will continue
to receive the annuity payments described in this section II.C from the Life Insurance Company
5 In respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
6 The Life Insurance Company must have a minimum of $250,000,000.00 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have
one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
7 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case
consistent with the Privacy Act and the routine uses described in the National Vaccine Injury
Compensation Program System of Records, No. 09-15-0056.
4

Case 1:19-vv-00289-UNJ Document 63 Filed 11/07/22 Page 7 of 8
only so long as she, L.M.B., is alive at the time that a particular payment is due. Written notice
to the Secretary of Health and Human Services and the Life Insurance Company shall be
provided within twenty (20) days of L.M.B.’s death.
III. Summary of Recommended Payments Following Judgment
A. Medicaid lien described in section II.A: $8,427.23
B. An amount of $137,180.78 to purchase the annuity contract
described in section II.B;
C. An amount sufficient to purchase the annuity contract described
above in section II.C.
These amounts represent all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.8
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
8 At the time the annuity payments will be received, L.M.B. will be an adult, and thus
guardianship is not required.
5

Case 1:19-vv-00289-UNJ Document 63 Filed 11/07/22 Page 8 of 8
/s/ Naseem Kourosh
NASEEM KOUROSH
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 305-1159
E-mail: Naseem.Kourosh@usdoj.gov
DATED: October 5, 2022
6