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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* * * * * * * * * * * * * * * * UNPUBLISHED 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, * 

 * 

v. * 

 * 

SECRETARY OF HEALTH * Joint Stipulation on Damages; 

AND HUMAN SERVICES, * Influenza (Flu) Vaccine; 

 * Sensorineural Hearing Loss. 

Respondent. * 

 * 

* * * * * * * * * * * * * * * * 

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. 

DECISION1

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. Petitioner 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 explanation for the undersigned’s action in this case, 

the undersigned intends to post this 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 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). 

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-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. 
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2015, the parties filed a stipulation, stating that a decision should be entered awarding 

compensation. 

 Respondent denies that the influenza vaccine is the cause of petitioner’s sensorineural 

hearing loss, or any other injury. Nevertheless, the parties agree to the joint stipulation, attached 

hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the 

decision of the Court in awarding damages, 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 the stipulation. 

 In the absence of a motion for review filed 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 expedited by the parties’ joint filing of 

notice renouncing the right to seek review.