VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00847
Package ID: USCOURTS-cofc-1_20-vv-00847
Petitioner: S.C.
Filed: 2021-03-15
Decided: 2022-10-03
Vaccine: Haemophilus Influenzae Type B
Vaccination date: 2017-07-14
Condition: abscesses and granulomas
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
On July 13, 2020, Kalee Cambray filed a petition on behalf of her minor daughter, S.C., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that S.C. suffered abscesses and granulomas as a result of adverse effects from Haemophilus Influenzae Type B (HiB) Pedvax vaccines administered on July 14, 2017, September 13, 2017, and May 8, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that S.C. was entitled to compensation. The respondent agreed that S.C.'s injuries, specifically an induration or abscess on her left thigh, two indurations or abscesses on her right thigh, and a scar on her right thigh, were compensable as a "caused-in-fact" injury under the National Childhood Vaccine Injury Act of 1986. The respondent also stipulated that the case was timely filed, the vaccines were administered in the United States, the HiB vaccines are listed on the Vaccine Injury Table, and S.C.'s injury lasted for at least six months. Special Master Daniel T. Horner issued a Ruling on Entitlement on March 15, 2021, finding the petitioner entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on August 26, 2022, the parties filed a joint stipulation for damages. Special Master Horner reviewed and adopted the stipulation, awarding a lump sum of $40,000.00, payable by check to the petitioner, as compensation for all items of damages available under the Act. Petitioner's counsel was Jerome A. Konkel of Samster Konkel and Safran, S.C. Respondent's counsel was Naseem Kourosh of the U.S. Department of Justice. The decision was issued on October 3, 2022.

Theory of causation field:
Petitioner alleged that S.C. suffered abscesses and granulomas resulting from adverse effects of her Haemophilus Influenzae Type B (HiB) Pedvax vaccinations administered on July 14, 2017, September 13, 2017, and May 8, 2018. The respondent conceded that S.C.'s indurations or abscesses and scarring were compensable as a "caused-in-fact" injury under the National Childhood Vaccine Injury Act. The respondent also agreed that the case was timely filed, the vaccines were administered in the United States, the HiB vaccines are listed on the Vaccine Injury Table, and S.C.'s injury lasted for at least six months. The theory of causation was considered "Off-Table." Special Master Daniel T. Horner issued a Ruling on Entitlement on March 15, 2021, finding petitioner entitled to compensation. On August 26, 2022, a joint stipulation for damages was filed, and Special Master Horner adopted the stipulation, awarding a lump sum of $40,000.00 to the petitioner. Petitioner was represented by Jerome A. Konkel, and respondent was represented by Naseem Kourosh. The final decision was issued on October 3, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00847-0
Date issued/filed: 2021-04-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 3/15/2021) regarding 24 Ruling on Entitlement Signed by Special Master Daniel T. Horner. (tkp) Service on parties made.
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Case 1:20-vv-00847-UNJ Document 27 Filed 04/09/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-847V
Filed: March 15, 2021
UNPUBLISHED
KALEE CAMBRAY, on behalf of S.C., Special Master Daniel Horner
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Haemophilus
influenzae type b (Hib) Vaccine;
SECRETARY OF HEALTH AND induration; abscess; scarring
HUMAN SERVICES,
Respondent.
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Wauwatosa, WI, for petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On July 13, 2020, Kalee Cambray filed a petition on behalf of her minor daughter
S.C. for compensation under the National Vaccine Injury Compensation Program, 42
U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that S.C. suffered
from abscesses and granulomas resulting from adverse effects caused by S.C.’s
Haemophilus Influenzae Type B (HiB) vaccinations administered on July 14, 2017,
September 13, 2017, and May 8, 2018. Petition at 1.
On March 15, 2021, 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
12. Specifically, Respondent “has concluded that S.C.’s indurations or abscesses and
scar are compensable as a “caused-in-fact” injury under the Act.” Id. at 10. Respondent
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 1:20-vv-00847-UNJ Document 27 Filed 04/09/21 Page 2 of 2
further agrees that “the case was timely filed, that S.C. received the Hib vaccines in the
United States, and that the Hib vaccines that S.C. received are set forth in the Vaccine
Injury Table. In addition . . . petitioner has satisfied the statutory requirement that S.C.’s
injury lasted for at least six months, as required by 42 U.S.C. § 300aa-11(c)(1)(D)(i).” Id.
(citations omitted).
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00847-1
Date issued/filed: 2022-10-03
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 8/26/2022) regarding 40 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (mly). Service on parties made.
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Case 1:20-vv-00847-UNJ Document 42 Filed 10/03/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-847V
Filed: August 26, 2022
UNPUBLISHED
KALEE CAMBRAY, on behalf of S.C.,
Petitioner,
Joint Stipulation on Damages;
v.
Haemophilus Influenzae Type B
(HIB) Pedvax vaccines; Abscess;
SECRETARY OF HEALTH AND
Granulomas
HUMAN SERVICES,
Respondent.
Jerome A. Konkel, Samster Konkel and Safran, Wauwatosa, WI, for petitioner.
Naseem Kourosh , U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On July 13, 2020, Kalee Cambray, petitioner, on behalf of her minor daughter
S.C., 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
S.C. suffered injuries including abscesses and granulomas caused-in-fact by her
Haemophilus Influenzae Type B (HIB) Pedvax vaccines on July 14, 2017, September
13, 2017, and May 8, 2018. Petition at 1; Stipulation, filed August 26, 2022, at ¶ 4. On
March 15, 2021, respondent filed a Rule 4(c) report “conceding that petitioner is entitled
to compensation for S.C.’s injuries, namely an induration or abscess on S.C.’s left thigh,
two indurations or abscesses on S.C.’s right thigh, and a scar on S.C.’s right thigh.”
Stipulation at ¶ 4. On March 15, 2021, I issued a Ruling on Entitlement, finding
petitioner entitled to compensation. (ECF No. 24.)
On August 26, 2022, the parties filed the attached joint stipulation, stating that a
decision should be entered awarding compensation. I find the stipulation reasonable
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 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 the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted 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 1:20-vv-00847-UNJ Document 42 Filed 10/03/22 Page 2 of 8
and adopt 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, I award the following
compensation:
A lump sum of $40,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 6. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
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/Daniel T. Horner
Daniel T. Horner
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

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