VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00045
Package ID: USCOURTS-cofc-1_24-vv-00045
Petitioner: K.C.
Filed: 2024-01-12
Decided: 2025-09-04
Vaccine: influenza
Vaccination date: 2022-10-08
Condition: cellulitis
Outcome: compensated
Award amount USD: 19918

AI-assisted case summary:
On January 12, 2024, China Cummings filed a petition on behalf of her minor child, K.C., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that an influenza vaccine administered to K.C. on October 8, 2022, caused cellulitis. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on February 26, 2025, conceding that K.C.'s cellulitis and subsequent scarring were caused-in-fact by the flu vaccine. The respondent stated that no other cause for K.C.'s injury was identified and that medical records demonstrated residual effects for more than six months. Based on this concession and the record, Special Master Christian J. Moran issued a Ruling on Entitlement on March 3, 2025, finding K.C. entitled to compensation. The respondent noted that damages should be limited to cellulitis and related scarring. Subsequently, on August 7, 2025, the respondent filed a Proffer on Award of Compensation, which the petitioner agreed to. On September 4, 2025, Special Master Christian J. Moran issued a Decision Awarding Damages. The award included $15,000.00 for K.C.'s pain and suffering and $4,918.74 to satisfy a State of Louisiana Medicaid lien. The total compensation awarded was $19,918.74. The award for pain and suffering was to be paid as a lump sum via ACH deposit to petitioner's counsel's IOLTA account for disbursement to petitioner as K.C.'s guardian/conservator, contingent upon documentation of guardianship. The Medicaid lien payment was to be a lump sum check payable jointly to petitioner and Discovery Health Partners/Claritev. Petitioner was represented by Alison Haskins of Siri & Glimstad, LLP, and the respondent was represented by Alexa Roggenkamp of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical mechanism of causation.

Theory of causation field:
The petitioner alleged that an influenza vaccine administered on October 8, 2022, caused cellulitis in minor K.C. The respondent conceded that the flu vaccine caused K.C.'s cellulitis and subsequent scarring, and identified no other cause. The case proceeded as an off-Table claim. The Special Master found entitlement based on the respondent's concession. An award was made on September 4, 2025, totaling $19,918.74, consisting of $15,000.00 for pain and suffering and $4,918.74 to satisfy a State of Louisiana Medicaid lien. Petitioner was represented by Alison Haskins (Siri & Glimstad, LLP), and respondent was represented by Alexa Roggenkamp (U.S. Department of Justice). Special Master Christian J. Moran presided over the case. The public decision does not detail the specific medical mechanism of causation or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00045-0
Date issued/filed: 2025-03-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/03/2025) regarding 37 Ruling on Entitlement. Signed by Special Master Christian J. Moran. (jjb) Service on parties made.
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Case 1:24-vv-00045-UNJ Document 39 Filed 03/25/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
CHINA CUMMINGS, on behalf of her * No. 24-45V
minor child, K.C., *
*
Petitioner, *
* Special Master Christian J. Moran
v. *
* Filed: March 3, 2025
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Alison Haskins, Siri & Glimstad, LLP, Aventura, FL, for Petitioner;
Alexa Roggenkamp, United States Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 12, 20245, petitioner China Cummings filed a petition on behalf of her minor
child K.C. for compensation under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-10 to -34 et seq. (2012). Petitioner alleged that an influenza vaccine
administered to K.C. on October 8, 2022, caused cellultis. Pet. at 1, 6.
On February 26, 2025, respondent filed his Rule 4(c) Report, conceding that petitioner is
entitled to compensation in this case. Resp’t’s Rep. at 1. Specifically, respondent states:
Respondent has concluded that a preponderance of the medical evidence establishes
that K.C.’s cellulitis and subsequent scarring were caused-in-fact by the flu vaccine she
received on October 8, 2022. Respondent has not identified any other cause for K.C.’s
injury, and the medical records outlined above demonstrate that she suffered the
residual effects of her condition for more than six months. Therefore, based on 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), the parties have 14
days to identify and move to redact medical or other information, the disclosure of which would
constitute an unwarranted invasion of privacy. Any changes will appear in the document posted
on the website.
1

Case 1:24-vv-00045-UNJ Document 39 Filed 03/25/25 Page 2 of 2
record as it now stands, petitioner has satisfied all legal prerequisites for compensation
under the Vaccine Act..
Id. at 4 (citations omitted). Respondent also notes that the scope of damages to be awarded
should be limited to K.C.’s cellulitis and related sequelae of scarring only. Id.
In view of Respondent's position and the evidence of record, I find that
Petitioner is entitled to compensation for cellulitis.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_24-vv-00045-1
Date issued/filed: 2025-09-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/13/2025) regarding 55 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (jjb) Service on parties made.
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Case 1:24-vv-00045-UNJ Document 60 Filed 09/04/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
CHINA CUMMINGS, on behalf of her * No. 24-45V
minor child, K.C., *
*
Petitioner, * Special Master Christian J. Moran
v. *
* Filed: August 13, 2025
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Alison Haskins, Siri & Glimstad, LLP, Aventura, FL, for Petitioner;
Alexa Roggenkamp, United States Department of Justice, Washington, D.C., for Respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On January 12, 2024, petitioner China Cummings filed a petition on behalf of her minor
child K.C. for compensation under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-10 to -34 et seq. (“Vaccine Act” or “Act”). Petitioner alleged that an influenza
(“flu”) vaccine administered to K.C. on October 8, 2022, caused cellulitis. Pet. at 1, 6. On
March 3, 2025, the undersigned ruled that petitioner is entitled to compensation under the
Vaccine Act.
On August 7, 2025, respondent filed a Proffer on Award of Compensation, to which
petitioner agrees. Based upon the record as a whole, the undersigned finds the Proffer
reasonable and that petitioner is entitled to an award as stated in the Proffer. Pursuant to the
attached Proffer the court awards petitioner:
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), the parties have 14
days to identify and move to redact medical or other information, the disclosure of which would
constitute an unwarranted invasion of privacy. Any changes will appear in the document posted
on the website.

Case 1:24-vv-00045-UNJ Document 60 Filed 09/04/25 Page 2 of 7
Respondent proffers petitioner should be awarded $15,000.00 for K.C.’s pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4).
Respondent proffers that petitioner should be awarded funds to satisfy the State
of Louisiana Medicaid lien in the amount of $4,918.74, which represents full
satisfaction of any right of subrogation, assignment, claim, lien, or cause of action
the State of Louisiana may have against any individual as a result of any Medicaid
payments the State of Louisiana has made to or on behalf of petitioner from the
date of her eligibility for benefits through the date of judgment in this case as a
result of her alleged vaccine-related injury suffered on or about October 8, 2022
under Title XIX of the Social Security Act.
These amounts represent all elements of compensation to which petitioner would
be entitled under 42 U.S.C. § 300aa-15(a).
A lump sum payment of $15,000.00 to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner as
guardian/conservator of K.C., for the benefit of K.C. Petitioner represents that
petitioner presently is, or within 90 days of the date of judgment will become,
duly authorized to serve as guardian/conservator of K.C.’s estate under the laws
of the State of Louisiana. No payments shall be made until petitioner provides
respondent with documentation establishing that she has been appointed as the
guardian/conservator of K.C.’s estate. If petitioner is not authorized by a court
of competent jurisdiction to serve as guardian/conservator of the estate of K.C.,
any such payment shall be made to the party or parties appointed by a court of
competent jurisdiction to serve as guardian(s)/conservator(s) of the estate of K.C.
upon submission of written documentation of such appointment to the Secretary.
Further, if guardianship is no longer required under the laws of the State of
Louisiana after K.C. has attained the age of majority, any such payment shall be
made to K.C. upon submission of written documentation of the termination of
guardianship to the Secretary.
A lump sum payment of $4,918.74, representing compensation for satisfaction of
the State of Louisiana Medicaid lien re case # 842260, in the form of a check
payable jointly to petitioner and:
Discovery Health Partners/Claritev
(Tax ID No. 26-3000153)
535 East Diehl Dr. Ste. 100
Naperville, IL 60563
Petitioner agrees to endorse the check to Discovery Health Partners/Claritev for
satisfaction of the Medicaid lien.
2

Case 1:24-vv-00045-UNJ Document 60 Filed 09/04/25 Page 3 of 7
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is
directed to enter judgment in case 24-45V according to this decision and the attached proffer.2
Any questions regarding this order may be directed to my law clerk, Josh Baker, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing
a notice renouncing the right to seek review by a United States Court of Federal Claims judge.
3

Case 1:24-vv-00045-UNJ Document 60 Filed 09/04/25 Page 4 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CHINA CUMMINGS, on behalf of her
minor child, K.C.,
No. 24-45V
Petitioner, Special Master Moran
ECF
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 12, 2024, China Cummings (“petitioner”), filed a petition for compensation
on behalf of her daughter, K.C., under the National Childhood Vaccine Injury Act of 1986, as
amended (“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34, alleging that K.C.
suffered an adverse reaction as a result of an influenza (“flu”) vaccine administered on October
8, 2022. Petition at 1, 10. On February 26, 2025, the Secretary of Health and Human Services
(“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation
under the terms of the Act and on March 3, 2025, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 36; ECF No. 37.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $15,000.00 for K.C.’s pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of

Case 1:24-vv-00045-UNJ Document 60 Filed 09/04/25 Page 5 of 7
Louisiana Medicaid lien in the amount of $4,918.74, which represents full satisfaction of any
right of subrogation, assignment, claim, lien, or cause of action the State of Louisiana may have
against any individual as a result of any Medicaid payments the State of Louisiana has made to
or on behalf of petitioner from the date of her eligibility for benefits through the date of
judgment in this case as a result of her alleged vaccine-related injury suffered on or about
October 8, 2022 under Title XIX of the Social Security Act.
These amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to K.C. should be made through two
lump sum payments described below, and request that the Chief Special Master’s decision and
the Court’s judgment award the following:
A. A lump sum payment of $15,000.00 to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner as
guardian/conservator of K.C., for the benefit of K.C. Petitioner represents that
petitioner presently is, or within 90 days of the date of judgment will become, duly
authorized to serve as guardian/conservator of K.C.’s estate under the laws of the
State of Louisiana. No payments shall be made until petitioner provides respondent
with documentation establishing that she has been appointed as the
guardian/conservator of K.C.’s estate. If petitioner is not authorized by a court of
competent jurisdiction to serve as guardian/conservator of the estate of K.C., any such
1 Should petitioner die prior to the 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 1:24-vv-00045-UNJ Document 60 Filed 09/04/25 Page 6 of 7
payment shall be made to the party or parties appointed by a court of competent
jurisdiction to serve as guardian(s)/conservator(s) of the estate of K.C. upon
submission of written documentation of such appointment to the Secretary. Further,
if guardianship is no longer required under the laws of the State of Louisiana after
K.C. has attained the age of majority, any such payment shall be paid to K.C. upon
submission of written documentation of the termination of guardianship to the
Secretary.
B. A lump sum payment of $4,918.74, representing compensation for satisfaction of the
State of Louisiana Medicaid lien re case # 842260, in the form of a check payable
jointly to petitioner and:
Discovery Health Partners/Claritev
(Tax ID No. 26-3000153)
535 East Diehl Dr. Ste. 100
Naperville, IL 60563
Petitioner agrees to endorse the check to Discovery Health Partners/Claritev for
satisfaction of the Medicaid lien.
Respectfully submitted,
BRETT A. SHUMATE
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
3

Case 1:24-vv-00045-UNJ Document 60 Filed 09/04/25 Page 7 of 7
/s/ Alexa Roggenkamp
ALEXA ROGGENKAMP
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4179
alexa.roggenkamp@usdoj.gov
DATED: August 12, 2025
4