VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00243
Package ID: USCOURTS-cofc-1_24-vv-00243
Petitioner: L.M.
Filed: 2024-11-01
Decided: 2024-11-26
Vaccine: DTap, MMR, varicella, and IPV
Vaccination date: 2021-09-17
Condition: cellulitis and subsequent scarring
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Shelby McDonough, parent of L.M., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 16, 2024. L.M. received the diphtheria, tetanus, and acellular pertussis (DTap); measles, mumps, and rubella (MMR); varicella; and inactivated polio (IPV) vaccines on September 17, 2021. Petitioner alleged that L.M. suffered from cellulitis and subsequent scarring as a result of these vaccinations. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 31, 2024, recommending that compensation be awarded. The respondent stated that L.M. sustained cellulitis that was caused-in-fact by the vaccinations, noting that while it was not a Table injury, medical personnel concluded the cellulitis and residual hyperpigmentation on L.M.'s left thigh were more likely than not caused by the vaccinations. No other causes for L.M.'s cellulitis were identified, and the skin changes persisted for at least twenty-six months. Special Master Thomas L. Gowen reviewed the record and agreed that L.M. is entitled to compensation for cellulitis and related sequelae, satisfying the requirements of the Vaccine Act, including that the residual symptoms lasted longer than six months. The case will now proceed to the damages phase. Petitioner was represented by Christina Ciampolillo of Conway Homer, P.C., and respondent was represented by Meghan Murphy of the U.S. Department of Justice. The public decision does not describe the onset or specific symptoms of the cellulitis, any diagnostic tests performed, or treatments received.

Theory of causation field:
Petitioner L.M., a minor, received the DTap, MMR, varicella, and IPV vaccines on September 17, 2021. Petitioner alleged cellulitis and subsequent scarring as a result of the vaccinations. Respondent's Rule 4(c) report concluded that L.M. sustained cellulitis caused-in-fact by the vaccinations, although it was not a Table injury. Medical personnel determined that the cellulitis and residual hyperpigmentation on L.M.'s left thigh were more likely than not caused by the vaccinations, with no other causes identified. The skin changes persisted for at least twenty-six months. Special Master Thomas L. Gowen agreed with the respondent, finding that L.M. is entitled to compensation for cellulitis and related sequelae, as the residual symptoms lasted longer than six months. Petitioner counsel was Christina Ciampolillo, and respondent counsel was Meghan Murphy. The decision date was November 26, 2024. The public text does not name specific medical experts or describe the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00243-0
Date issued/filed: 2024-11-26
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 11/01/2024) regarding 20 Ruling on Entitlement. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:24-vv-00243-UNJ Document 23 Filed 11/26/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 1, 2024
* * * * * * * * * * * * *
SHELBY MCDONOUGH, *
parent of L.M., a minor, *
*
Petitioner, * No. 24-243V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Christina Ciampolillo, Conway Homer, P.C., Boston, MA, for petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, D.C., for respondent.
RULING ON ENTITLEMENT1
On February 16, 2024, Shelby McDonough, parent of L.M. (“petitioner”) filed a petition
for compensation in the National Vaccine Injury Compensation Program (“the Program.”).2
Petition (ECF No.1). Petitioner alleges that as a result of L.M. receiving the diphtheria, tetanus,
and acellular pertussis (“DTap”); measles, mumps, and rubella (“MMR”); varicella; and
inactivated polio (“IPV”) vaccines (“the vaccines”) on September 17, 2021, L.M. suffered from
cellulitis and subsequent scarring. Id.
On October 31, 2024, respondent filed the Rule 4(c) report recommending that
compensation be awarded to petitioner. Respondent’s Rule 4c Report (“Res’t Rept.”) (ECF No.
18). Respondent stated, “Based on an evaluation of the medical evidence, and for the reasons
explained below, it is respondent’s position that L.M. sustained cellulitis that was caused-in-fact
by the vaccinations she received on September 17, 2021.” Id. at 1. Further, the Rule 4(c) states,
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this unpublished opinion
contains a reasoned explanation for the action in this case, I intend 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.
Before the opinion 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 opinion. Id. If neither party files a motion for redaction within 14
days, the opinion will be posted on the court’s website without any changes. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et
seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa
of the Act.

Case 1:24-vv-00243-UNJ Document 23 Filed 11/26/24 Page 2 of 2
“While petitioner has not established a Table injury, 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 concluded that L.M. developed
cellulitis and residual hyperpigmentation on her left thigh, which in fact was more likely than not
caused by administration of her vaccinations at the same location.” Id. at 3. No other causes for
L.M.’s cellulitis have been identified and her skin changes, including residual
hyperpigmentation, persisted at least twenty-six months after vaccination. Id. As the record
stands, petitioner has satisfied all legal prerequisites for compensation under the Act. Id.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required 42 U.S.C. § 13; Vaccine Rule 8(d). In light of
respondent’s recommendation and my own review of the record, petitioner has established that
L.M. suffered from cellulitis and subsequent skin changes at the injection site as a result of
receiving the vaccines on September 17, 2021, no other causes for L.M.’s cellulitis and residual
skin changes have been identified, and L.M.’s residual symptoms have lasted for longer than six-
months, satisfying the requirements of the Vaccine Act. Therefore, petitioner is entitled to
compensation.3 This matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Petitioner is entitled to compensation for L.M.’s cellulitis and related sequelae as a result of receiving the vaccines
on September 17, 2021.
2

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DOCUMENT 2: USCOURTS-cofc-1_24-vv-00243-1
Date issued/filed: 2025-03-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/26/2025) regarding 27 DECISION on Proffer. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:24-vv-00243-UNJ Document 31 Filed 03/13/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 26, 2025
* * * * * * * * * * * * *
SHELBY MCDONOUGH, *
parent of L.M., a minor, *
*
Petitioner, * No. 24-243V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Christina Ciampolillo, Conway Homer, P.C., Boston, MA, for petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON DAMAGES1
On February 16, 2024, Shelby McDonough, parent of L.M. (“petitioner”) filed a petition
for compensation in the National Vaccine Injury Compensation Program (“the Program.”).2
Petition (ECF No.1). Petitioner alleges that as a result of L.M. receiving the diphtheria, tetanus,
and acellular pertussis (“DTap”); measles, mumps, and rubella (“MMR”); varicella; and
inactivated polio (“IPV”) vaccines (“the vaccines”) on September 17, 2021, L.M. suffered from
cellulitis and subsequent scarring. Id. Respondent filed a Rule 4(c) report recommending
petitioner be compensated and I entered a Ruling on Entitlement on November 1, 2024, finding
that petitioner is entitled to compensation for L.M.’s cellulitis and subsequent scarring. Ruling
on Entitlement (ECF No. 20).
On February 25, 2025, respondent filed a Proffer on Award of Compensation (“Proffer”),
attached hereto as Appendix A. Proffer (ECF No. 26). Based on the record as a whole, I find the
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this unpublished opinion
contains a reasoned explanation for the action in this case, I intend 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.
Before the opinion 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 opinion. Id. If neither party files a motion for redaction within 14
days, the opinion will be posted on the court’s website without any changes. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et
seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa
of the Act.

Case 1:24-vv-00243-UNJ Document 31 Filed 03/13/25 Page 2 of 7
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, Section III, I award petitioner:
(A) A lump sum payment of $17,500.00 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner as
guardian/conservator of L.M., for the benefit of L.M.
(B) A lump sum of $18.14, representing compensation for past unreimbursable expenses,
to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for
prompt disbursement to petitioner; and
(C) A lump sum payment of $41.56, representing compensation for satisfaction of the
State of Tennessee Medicaid lien, in the form of a check payable jointly to petitioner
and:
BlueCross BlueShield of Tennessee
1 Cameron Hill Circle
Suite 0008
Chattanooga, TN 37402-0008
Petitioner agrees to endorse the check to BlueCross BlueShield Tennessee for
satisfaction of the Medicaid lien.
These amounts represent all elements of compensation to which petitioner 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 1:24-vv-00243-UNJ Document 31 Filed 03/13/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
SHELBY MCDONOUGH, parent of )
L.M., a minor, )
)
Petitioner, )
) No. 24-243
v. ) Special Master Gowen
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On February 16, 2024, Shelby McDonough (“petitioner”) filed a petition on behalf of her
minor child, L.M., for compensation (“Petition”) under the National Childhood Vaccine Injury
Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended. The petition
alleges that L.M. suffered from cellulitis and subsequent scarring as a result of receiving the
following vaccinations on September 17, 2021: diphtheria, tetanus, and acellular pertussis
(“DTaP”); measles, mumps, and rubella (“MMR”); varicella; and inactivated polio (“IPV”)
(collectively, “vaccinations”). See Petition at 1.
On October 31, 2024, respondent filed his Vaccine Rule 4(c) report, concluding that L.M.
sustained cellulitis and subsequent skin changes, including scarring, that were caused-in-fact by
the vaccinations she received on September 17, 2021. On November 1, 2024, Special Master
Gowen issued a ruling on entitlement, finding that petitioner was entitled to compensation for
L.M.’s cellulitis and subsequent scarring.

Case 1:24-vv-00243-UNJ Document 31 Filed 03/13/25 Page 4 of 7
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner, for the benefit of
L.M., should be the following:
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $17,500.00 for L.M.’s pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to L.M.’s vaccine-related injury. Respondent proffers that petitioner should be awarded
past unreimbursable expenses in the amount of $18.14. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
Tennessee Medicaid (“TennCare”) lien in the amount of $41.56, which represents full
satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of
Tennessee may have against any individual as a result of any Medicaid payments the State of
Tennessee has made to or on behalf of L.M. 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 September 17, 2021 under Title XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
The parties recommend that the compensation provided to L.M. should be made through
a combination of lump sum payments as described below, and request that Special Master
2

Case 1:24-vv-00243-UNJ Document 31 Filed 03/13/25 Page 5 of 7
Gowen’s decision and the Court’s judgment award the following:1
A. A lump sum payment of $17,500.00 to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner as
guardian/conservator of L.M., for the benefit of L.M. 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 L.M.’s estate under the laws of the
State of Tennessee. No payments shall be made until petitioner provides respondent
with documentation establishing that she has been appointed as the
guardian/conservator of L.M.’s estate. If petitioner is not authorized by a court of
competent jurisdiction to serve as guardian/conservator of the estate of L.M., 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 L.M. 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 Tennessee after
L.M. has attained the age of majority, any such payment shall be paid to L.M. upon
submission of written documentation of the termination of guardianship to the
Secretary;
B. A lump sum payment of $18.14, representing compensation for past unreimbursable
expenses, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA
account for prompt disbursement to petitioner; and
C. A lump sum payment of $41.56, representing compensation for satisfaction of the
1 Should L.M. 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

Case 1:24-vv-00243-UNJ Document 31 Filed 03/13/25 Page 6 of 7
State of Tennessee Medicaid lien, in the form of a check payable jointly to petitioner
and:
BlueCross BlueShield of Tennessee
1 Cameron Hill Circle
Suite 0008
Chattanooga, Tennessee 37402-0008
Petitioner agrees to endorse the check to BlueCross BlueShield Tennessee for satisfaction
of the Medicaid lien.
IV. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner as guardian/conservator of the
estate of L.M. for the benefit of L.M.: $17,500.00
B. Past unreimbursable expenses payable to petitioner: $18.14
C. Reimbursement of Medicaid lien payable jointly to
Petitioner and BlueCross BlueShield of Tennessee: $41.56
Respectfully submitted,
MICHAEL GRANSTON
Deputy Assistant Attorney General
Civil Division
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
4

Case 1:24-vv-00243-UNJ Document 31 Filed 03/13/25 Page 7 of 7
/s/ Meghan R. Murphy
MEGHAN R. MURPHY
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) 616-4264
meghan.r.murphy@usdoj.gov
DATED: February 25, 2025
5