Opinion

Rampton v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Dec 28, 2023
Status
Unpublished
On the bench
Brian H. Corcoran
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 21-308V

GWYNETH RAMPTON, Chief Special Master Corcoran

Petitioner, Filed: November 27, 2023

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for

Petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for

Respondent.

RULING ON ENTITLEMENT1

On January 7, 2021, Gwyneth Rampton filed a petition2 for compensation under

the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the

“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine

administration (SIRVA) resulting from adverse effects of an influenza (flu) vaccination she

received on October 19, 2020. Amended Petition at 1. Petitioner further alleges that 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), Petitioner has 14 days to identify and move to redact medical or other information,

the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that

the identified material fits within this definition, I will redact such material from public access.

2 Petitioner filed a more detailed Amended Petition on November 19, 2022. ECF No. 21

3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease

of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2018).

vaccination was administered within the United States, her injury lasted longer than six

months, and neither she, nor any other party, has ever received compensation in the form

of an award or settlement for her vaccine-related injury. Amended Petition at 1, 6. The

case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 12, 2023, Respondent filed his Rule 4(c) report in which he concedes

that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at

1. Respondent concluded that “[P]etitioner’s alleged injury is consistent with SIRVA as

defined by the Vaccine Injury Table.” Id. at 6. Specifically, Respondent determined that

“[P]etitioner had no history of pain, inflammation, or dysfunction of her left shoulder prior

to vaccination; pain occurred within 48 hours after receipt of an intramuscular vaccination;

pain was limited to the shoulder in which the vaccine was administered; and no other

condition or abnormality has been identified to explain [P]etitioner’s shoulder pain.” Id.

Respondent further agrees that Petitioner suffered the residual effects of her condition for

more than six months. Id.

In view of Respondent’s position and the evidence of record, I find that

Petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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