VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00460
Package ID: USCOURTS-cofc-1_23-vv-00460
Petitioner: M.L.
Filed: 2023-03-31
Decided: 2025-01-23
Vaccine: diphtheria, tetanus, and acellular pertussis (DTaP)
Vaccination date: 2022-01-24
Condition: intramuscular MRSA abscess / nonspecific mass on left leg
Outcome: compensated
Award amount USD: 60087.45

AI-assisted case summary:
On March 31, 2023, Venetia Royster filed a petition on behalf of her minor daughter, M.L., alleging that M.L. developed an intramuscular MRSA abscess or nonspecific mass at the site of a DTaP vaccination administered on January 24, 2022.

Respondent conceded entitlement. The concession stated that M.L. developed a nonspecific mass on the left leg that was more likely than not caused by the DTaP vaccine given at that same location, that no other causes had been identified, and that the severity requirement was met through hospitalization and surgical intervention or residual effects. The public proffer does not state M.L.'s exact age, the full hospital course, operative details, or later functional recovery.

Special Master Thomas L. Gowen found entitlement on April 5, 2024. On January 23, 2025, he adopted the parties' damages proffer. The award consisted of $38,000.00 to purchase an annuity for pain and suffering, with scheduled future payments in 2042, 2045, and 2048, and $22,087.45 to satisfy a North Carolina Medicaid lien. The proffer noted that when M.L. receives the future annuity payments she will be an adult, and that a North Carolina guardian ad litem would be required for approval. M.L. was represented by Heather Pearlman.

Theory of causation field:
DTaP vaccine on January 24, 2022 causing intramuscular MRSA abscess/nonspecific left-leg mass in minor M.L.; exact age not stated. ENTITLEMENT CONCEDED; COMPENSATED. Respondent conceded mass at same vaccination site, no identified alternative cause, and severity via hospitalization/surgical intervention or residual effects. Award current outlay $60,087.45: $38,000 annuity purchase for pain/suffering plus $22,087.45 North Carolina Medicaid lien; future annuity payments scheduled 2042/2045/2048. SM Thomas L. Gowen; petition March 31, 2023; entitlement April 5, 2024; damages January 23, 2025.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00460-0
Date issued/filed: 2024-05-10
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 04/05/2024) regarding 18 Ruling on Entitlement. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:23-vv-00460-UNJ Document 20 Filed 05/10/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: April 5, 2024
* * * * * * * * * * * * *
VENETIA ROYSTER, * Unpublished
as natural guardian and legal *
representative of her minor daughter, *
M.L., *
*
Petitioner, * No. 23-460VV
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Ruling on Entitlement; Concession.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Nancy R. Meyers, Turning Point Litigation, Greensboro, NC, for petitioner.
Julianna R. Kober, U.S. Department of Justice, Washington, D.C., for respondent.
RULING ON ENTITLEMENT1
On March 31, 2023, Venetia Royster, as natural guardian and legal representative of her
minor daughter, M.L., filed a petition for compensation under the National Vaccine Injury
Compensation Program.2 Petition (ECF No. 1). Petitioner alleges that M.L. developed an
intramuscular methicillin resistant Staphylococcus aureus (“MRSA”) abscess as a result of
receiving the diphtheria, tetanus, pertussis vaccine (“DTaP vaccine”) on January 24, 2022. Id.
Petitioner filed medical records to accompany her claim. See Petitioner’s (“Pet’r”) Exhibits
(“Exs.”) 1-7.
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision 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
decision will be available to anyone with access to the Internet. Before the decision 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 decision 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-10 to 34 (2012)
(hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of
the Act.

Case 1:23-vv-00460-UNJ Document 20 Filed 05/10/24 Page 2 of 2
On April 5, 2024, respondent filed the Rule 4(c) report in which he concedes that
petitioner is entitled to compensation in this matter. Respondent’s Report (“Resp. Rept.”) (ECF
No. 17). Specially, respondent states:
…medical personnel at the Division of Injury Compensation Programs, Department of
Health and Human Services (“DICP”), have reviewed the Petition and supporting
documentation filed in this case and conclude that M.L. developed a non-specific mass
on her left leg, which was more likely than not caused by administration of DTaP
vaccination at the same location. No other causes for M.L.’s non-specific mass have
been identified. See 42 U.S.C. § 300aa-13(a)(1)(B).
Resp. Rept. at 7. In addition, petitioner has satisfied the statutory requirement that M.L.’s injury
lasted for at least six-months, or resulted in “inpatient hospitalization and surgical intervention,”
as required by § 300aa-11(c)(1)(D)(i), (iii). Id. Therefore, based on the record as it now stands,
petitioner has satisfied all legal pre-requisites for compensation under the Act. Id.
In light of respondent’s position and the evidence in the record, I find that petitioner is
entitled to compensation. A separate damages order will be issued.
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_23-vv-00460-2
Date issued/filed: 2026-03-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/23/2025) regarding 33 DECISION on Proffer. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:23-vv-00460-UNJ Document 45 Filed 03/12/26 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: January 23, 2025
* * * * * * * * * * * * *
VENETIA ROYSTER, * Unpublished
as natural guardian and legal *
representative of her minor daughter, *
M.L.., *
*
Petitioner, * No. 23-460V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Nancy R. Meyers, Turning Point Litigation, Greensboro, NC, for petitioner.
Julianna R. Kober, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION AWARDING DAMAGES1
On March 31, 2023, Venetia Royster, as natural guardian and legal representative of her
minor daughter, M.L., filed a petition for compensation under the National Vaccine Injury
Compensation Program.2 Petition (ECF No. 1). Petitioner alleges that M.L. developed an
intramuscular methicillin resistant Staphylococcus aureus (“MRSA”) abscess as a result of
receiving the diphtheria, tetanus, pertussis vaccine (“DTaP vaccine”) on January 24, 2022. Id.
On April 5, 2024, I ruled the petitioner is entitled to compensation for M. L.’s injury. Ruling on
Entitlement (ECF No. 18).
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision 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
decision will be available to anyone with access to the Internet. Before the decision 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 decision 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-10 to 34 (2012)
(hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of
the Act.

Case 1:23-vv-00460-UNJ Document 45 Filed 03/12/26 Page 2 of 7
On January 22, 2025, respondent filed a Proffer on Award of Compensation (“Proffer”),
attached hereto as Appendix A. Proffer (ECF No. 32). Based on the record as a whole, I find the
proffer reasonable 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 Proffer, attached as Appendix A, I award petitioner:
(1) For pain and suffering, an amount of $38,000.00 to purchase an annuity contract, paid
to the life insurance company from which the annuity will be purchased, subject to
the conditions described in Section II.A, that will provide payments to M.L. as set
forth below:
a. A certain lump sum of $28,549.49 payable on September 22, 2042.
b. A certain Lump Sum of $32,641.52 payable on September 22, 2045.
c. A certain Lump Sum of $37,247.86 payable on September 22, 2048.
(2) A lump sum of $22,087.45 paid to petitioner as guardian/conservator of the estate of
M.L., representing reimbursement of a Medicaid lien for services rendered to M.L. by
the State of North Carolina, should be awarded in the form of a check payable jointly
to petitioner and:
Healthy Blue
Ref. Claim No.: 146142966
Attn: Megan Park
PO Box 659940
San Antonio, TX 78265-9939
These amounts represent all elements of compensation to which M.L. would be entitled
under 42 U.S.C. § 300aa-15(a).
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 the Court shall enter judgment
herewith.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the
right to seek review.
2

Case 1:23-vv-00460-UNJ Document 45 Filed 03/12/26 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
VENETIA ROYSTER, as Natural Guardian
and Legal Representative of her Minor
Daughter, M.L.,
No. 23-460V
Petitioner,
Special Master Gowen
ECF
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On March 31, 2023, Venetia Royster, (“petitioner”) as mother and natural guardian of her
minor child, M.L., filed a petition for compensation under the National Childhood Vaccine
Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”). Petitioner alleged
that M.L. suffered an intramuscular methicillin resistant Staphylococcus aureus (“MRSA”)
abscess, as the result of a Diphtheria-Tetanus-Pertussis (“DTaP”) vaccination received on
January 24, 2022. Petition at 1.
On April 5, 2024, respondent filed his Vaccine Rule 4(c) report, concluding that M.L.
suffered a non-specific mass on her left leg and that no other causes for such mass have been
identified. See Respondent’s Report at 7. That same day, Special Master Gowen issued a ruling
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.
1

Case 1:23-vv-00460-UNJ Document 45 Filed 03/12/26 Page 4 of 7
on entitlement, finding that petitioner was entitled to compensation for M.L.’s injury. Respondent
now proffers that petitioner be awarded the damages described below.
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers, and the parties recommend, that
the compensation provided to M.L. should be made through a lump sum and future annuity
payments as described below, and request that the Special Master’s decision and the Court’s
judgment award the following:2
A. Pain and Suffering
For pain and suffering, an amount not to exceed $38,000.00 to purchase an annuity
contract,3 paid to the life insurance company4 from which the annuity will be purchased,5 subject
2 Should M.L. 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, lost future earnings, and future pain and suffering.
3 In respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
4 The Life Insurance Company must have a minimum of $250,000,000 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.
5 Petitioner authorizes the disclosure of certain documents filed by 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.
2

Case 1:23-vv-00460-UNJ Document 45 Filed 03/12/26 Page 5 of 7
to the conditions described below,6 that will provide payments to M.L. as set forth below:
a. A certain Lump Sum of $28,549.49 payable on September 22, 2042.
b. A certain Lump Sum of $32,641.52 payable on September 22, 2045.
c. A certain Lump Sum of $37,247.86 payable on September 22, 2048.
The purchase price of the annuity described in this section II.A shall neither be greater nor less
than $38,000.00. In the event that the cost of the certain lump sum annuity payments set forth
above varies from $38,000.00, the certain lump sum payable on September 22, 2048, shall be
adjusted to ensure that the total cost of the annuity is neither less than nor greater than
$38,000.00. Should M.L. predecease payment of any of the certain lump sum payments set forth
above, said payments shall be made to her estate. Written notice to the Secretary of Health and
Human Services and to the Life Insurance Company shall be provided within twenty (20) days of
M.L.’s death. Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner, for the benefit of M.L., should be awarded funds to
satisfy the State of North Carolina Medicaid lien in the amount of $22,087.45, which represents
full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State
of North Carolina may have against any individual as a result of any Medicaid payments Carelon
or the State of North Carolina has made to or on behalf of M.L. from the date of her eligibility
for benefits through the date of judgment in this case as a result of her alleged vaccine-related
6 The parties further agree that the annuity payments cannot be assigned, accelerated, deferred,
increased, or decreased by the parties and that no part of any annuity payments called for herein,
nor any assets of the United States or the annuity company, are subject to execution or any legal
process for any obligation in any manner. Petitioners and petitioners’ heirs, executors,
administrators, successors, and assigns do hereby agree that they have no power or right to sell,
assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by
assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or
anticipate said annuity payments, or any part thereof, by assignment or otherwise.
3

Case 1:23-vv-00460-UNJ Document 45 Filed 03/12/26 Page 6 of 7
injury suffered on or about January 24, 2022, under Title XIX of the Social Security Act.
Respondent proffers that a lump sum of $22,087.45, representing reimbursement of a Medicaid
lien for services rendered to M.L. by the State of North Carolina, should be awarded in the form
of a check payable jointly to petitioner and:
Healthy Blue
Ref.: Claim No. 146142966
Attn: Megan Park
PO Box 659940
San Antonio, TX 78265-9939
Petitioner agrees to endorse the check to M.L. for satisfaction of the Medicaid lien.
These amounts represent all elements of compensation to M.L. would be entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.7
III. Summary of Recommended Payments Following Judgment
A. An amount of $38,000.00 to purchase the annuity contract
described above in section II.A. $38,000.00
B. Lump sum paid to petitioner as guardian/conservator of the
estate of M.L. for the benefit of M.L. representing reimbursement
of a Medicaid lien for services rendered to M.L by the State of
North Carolina $22,087.45
Respectfully submitted,
BRETT A. SHUMATE
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
7 At the time payment is received, M.L. will be an adult, and thus guardianship is not required.
However, petitioner has been duly appointed as M.L.’s guardian ad litem by a North Carolina
State Court for purposes of obtaining Court approval of the parties’ agreement.
4

Case 1:23-vv-00460-UNJ Document 45 Filed 03/12/26 Page 7 of 7
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, JR.
Assistant Director
Torts Branch, Civil Division
/s/ Julianna R. Kober
Julianna R. Kober
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 742-6375
Julianna.R.Kober@usdoj.gov
Date: January 22, 2025
5