VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00308
Package ID: USCOURTS-cofc-1_21-vv-00308
Petitioner: Gwyneth Rampton
Filed: 2021-01-07
Decided: 2024-06-03
Vaccine: influenza
Vaccination date: 2020-10-19
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 74144

AI-assisted case summary:
Gwyneth Rampton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 19, 2020. The petition was filed on January 7, 2021. Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, finding her injury consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, Respondent noted that Petitioner had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The Respondent also agreed that the injury lasted longer than six months. Based on the Respondent's concession and the evidence, entitlement to compensation was granted on November 27, 2023. Subsequently, on May 1, 2024, the parties filed a proffer on award of compensation. Respondent proposed an award of $74,144.57, comprising $72,500.00 for pain and suffering and $1,644.57 for unreimbursed expenses. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $74,144.57 on June 3, 2024.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00308-0
Date issued/filed: 2023-12-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/27/2023) regarding 32 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00308-UNJ Document 34 Filed 12/28/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-308V
GWYNETH RAMPTON, Chief Special Master Corcoran
Petitioner, Filed: November 27, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Gwyneth Rampton filed a petition2 for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (SIRVA) resulting from adverse effects of an influenza (flu) vaccination she
received on October 19, 2020. Amended Petition at 1. Petitioner further alleges that the
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 Petitioner filed a more detailed Amended Petition on November 19, 2022. ECF No. 21
3 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 (2018).

Case 1:21-vv-00308-UNJ Document 34 Filed 12/28/23 Page 2 of 2
vaccination was administered within the United States, her injury lasted longer than six
months, and neither she, nor any other party, has ever received compensation in the form
of an award or settlement for her vaccine-related injury. Amended Petition at 1, 6. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 12, 2023, 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. Respondent concluded that “[P]etitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table.” Id. at 6. Specifically, Respondent determined that
“[P]etitioner had no history of pain, inflammation, or dysfunction of her left shoulder prior
to vaccination; pain occurred within 48 hours after receipt of an intramuscular vaccination;
pain was limited to the shoulder in which the vaccine was administered; and no other
condition or abnormality has been identified to explain [P]etitioner’s shoulder pain.” Id.
Respondent further agrees that Petitioner suffered the residual effects of her condition for
more than six months. 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_21-vv-00308-1
Date issued/filed: 2024-06-03
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/02/2024) regarding 40 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00308-UNJ Document 44 Filed 06/03/24 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-308V
GWYNETH RAMPTON, Chief Special Master Corcoran
Petitioner, Filed: May 2, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Mallori B. Openchowski, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Gwyneth Rampton 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 left shoulder injury related to vaccine
administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on October 19,
2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On November 27, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On May 1, 2024, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $74,144.57,
which is comprised of $72,500.00 in damages for pain and suffering and $1,644.57 for
unreimbursed expenses. Proffer at 1. In the Proffer, Respondent represented that
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00308-UNJ Document 44 Filed 06/03/24 Page 2 of 4
Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that
Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $74,144.57 in the form of a check payable to Petitioner. This amount
represents compensation for all damages that would be available under Section 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 1:21-vv-00308-UNJ Document 44 Filed 06/03/24 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
GWYNETH RAMPTON,
Petitioner, No. 21-308V
Chief Special Master Corcoran
v. SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History and Items of Compensation
On October 12, 2023, respondent filed his Vaccine Rule 4(c) report, and conceded that
entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 30.
Thereafter, on November 27, 2023, the Chief Special Master issued a Ruling on Entitlement
finding that petitioner was entitled to vaccine compensation for her left Shoulder Injury Related
to Vaccine Administration (“SIRVA”). ECF Nos. 32, 33. Based on the evidence of record,
respondent proffers that petitioner should be awarded $74,144.57, which is comprised of
damages for pain and suffering ($72,500.00) and unreimbursed expenses ($1,644.57). This
amount represents all elements of compensation to which petitioner would be entitled under 42
U.S.C. § 300aa-15(a).1 Petitioner agrees.
1 Should petitioner 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 lost earnings
and future pain and suffering.

Case 1:21-vv-00308-UNJ Document 44 Filed 06/03/24 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $74,144.57, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
s/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
mallori.b.openchowski@usdoj.gov
DATED: May 1, 2024