VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00914
Package ID: USCOURTS-cofc-1_19-vv-00914
Petitioner: Kaminie Rampergash
Filed: 2019-06-23
Decided: 2022-11-29
Vaccine: influenza
Vaccination date: 2017-10-11
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Kaminie Rampergash filed a petition for vaccine compensation on June 23, 2019, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 11, 2017. She stated that the vaccine was administered in the United States, that her injury had residual effects for more than six months, and that she had not received any prior award or settlement for this condition. Respondent denied that petitioner sustained a Table injury for SIRVA and denied that the flu vaccine caused her injury. Despite these positions, the parties filed a joint stipulation on October 26, 2022, agreeing to settle the case. The court adopted the stipulation, awarding Kaminie Rampergash a lump sum of $150,000.00 as compensation for all damages. This amount represents a compromise of the parties' respective positions on liability and damages. The stipulation also addressed the process for awarding attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00914-0
Date issued/filed: 2022-11-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/26/2022) regarding 49 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:19-vv-00914-UNJ Document 53 Filed 11/29/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0914V
UNPUBLISHED
KAMINIE RAMPERGASH, Chief Special Master Corcoran
Petitioner, Filed: October 26, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On June 23, 2019, Kaminie Rampergash 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 she suffered a right shoulder injury related to
vaccine administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on
October 11, 2017. Petition at 1; Stipulation, filed October 26, 2022, at ¶¶ 2-4. Petitioner
further alleges the vaccine was administered in the United States, she suffered the
residual effects of her injury for more than six months, and there has been no prior award
or settlement of a civil action for damages on her behalf as a result of her condition.
Petitionat ¶¶11-12; Stipulationat ¶¶3-5; Ex. 1; Ex. 4. “Respondent denies that petitioner
sustained a Table injury for SIRVA, and denies that the flu vaccine caused petitioner to
suffer a right shoulder injury or any other injury.” Stipulation at ¶ 6.
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.
2National 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-00914-UNJ Document 53 Filed 11/29/22 Page 2 of 7
Nevertheless, on October 26, 2022, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as mydecision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $150,000.00 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 Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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-00914-UNJ Document 53 Filed 11/29/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KAMINIE RAMPERGASH, )
)
Petitioner, ) No. 19-914V
) Chief Special Master Corcoran
v. ) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Kaminie Rampergash ("petitioner") filed a petition for vaccine compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oto -34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza (•'flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the
·'Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on October 11, 2017, in the right arm.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she suffered from a right shoulder injury related to vaccination
administration ("SIRVA'') as a result of receiving the flu vaccine, and suffered the residual
effects of her alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
6. Respondent denies that petitioner sustained a Table injury for SIRVA, and denies that

Case 1:19-vv-00914-UNJ Document 53 Filed 11/29/22 Page 4 of 7
the flu vaccine caused petitioner to suffer a right shoulder injury or any other injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 I (a)(I ), the Secretary of Health and Human Services will issue
the fol lowing vaccine compensation payment:
A lump sum of$150,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(I), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
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Case 1:19-vv-00914-UNJ Document 53 Filed 11/29/22 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-I 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and al I demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-IO et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on October I I, 2017, as
alleged by petitioner in a petition for vaccine compensation filed on or about June 23, 2019, in
the United States Court of Federal Claims as petition No. 19-914V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:19-vv-00914-UNJ Document 53 Filed 11/29/22 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that petitioner sustained a Table injury, or that the flu
vaccine either caused or significantly aggravated petitioner's alleged injury or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:19-vv-00914-UNJ Document 53 Filed 11/29/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
~ . ~ -
KAMINIE RAMPERGASH
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~ ~
-
LE~
Law Offices of Leah V. Durant, PLLC Deputy Director
1717 K Street NW, Suite 900 Torts Branch, Civil Division
Washington, D.C. 20006 U.S. Department of Justice
Tel.: (202) 775-9200 P.O. Box 146
Fax: (202) 652-1178 Benjamin Franklin Station
Email: ldurant@durantllc.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
Olgitally signed by George R.
Grimes•S14
-S 14
Date: 2022.09.2717:01:20--04'00' ~~- ~
CDR GEORGE REED GRIMES, MD, MPH CATHERINE E. STOLAR
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel.: (202) 353-3299
5600 Fishers Lane, 08N 146B Fax: (202) 616-4310
Rockville, MD 20857 Email: catherine.stolar@usdoj.gov
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Dated: /;to;;a.~
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