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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-0046V Filed: April 15, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED HELEN LAM, * * Special Master Dorsey Petitioner, *

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v. *

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SECRETARY OF HEALTH * Joint Stipulation on Damages; AND HUMAN SERVICES, * Influenza (Flu) Vaccine; * Sensorineural Hearing Loss. Respondent. *

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Tara O’Mahoney, Law Offices of Chicago-Kent College of Law, Chicago, IL, for petitioner. Traci R. Patton, United States Department of Justice, Washington, DC, for respondent.

DECISION 1

On January 22, 2014, Helen Lam (“petitioner”), filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that as a result of receiving an influenza (“ flu”) vaccine on November 14, 2012, she developed sensorineural hearing loss. Petition at 1. Petitio ner further alleged that she suffered the residual effects or complications of this vaccine injury for more than six months. Id. at 8-9. On April 14,

1 Because this decision contains a reasoned explan ation for the undersigned’s action in this case, the undersigned intends to post th is ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is priv ileged or confidential; or (2) that includes medical files or similar files, the

disclosure of which would const itute a clearly unwarra nted invasion of privacy.” Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Progra m is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. N o. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2 2015, the parties filed a stipulat ion, stating that a decision sh ould be entered awarding compensation.

Respondent denies that the influenza vaccine is the cause of peti tioner’s sensorineural hearing loss, or any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds th e stipulation reasonable and adopts it as the decision of the Court in awarding dama ges, on the terms set forth therein.

The parties stipulated that petitioner shall receive the following compensation:

A lump sum of $150,000.00, in the form of a check payable to petitioner . This amount represent compensation for all damages that would be available under 42 U.S.C. § 300aa15(a).

Stipulation ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with th e stipulation.

In the absence of a motion for review file d pursuant to RCFC Appendix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Nora Beth Dorsey Nora Beth Dorsey Special Master

3 Pursuant to Vaccine Rule 11(a) , entry of judgment is expedite d by the parties’ joint filing of notice renouncing the ri ght to seek review.