McKenna Wojick v. HHS - Influenza, vasovagal syncope, loss of consciousness, fall, broken right central incisor, lacerations of her lower lip, a closed head injury with a brief loss of consciousness, a contusion of her jaw, and muscle strain (2015)
Case summary [AI summaries can sometimes make mistakes]
McKenna Wojick filed a petition for compensation under the National Vaccine Injury Compensation Program on September 11, 2014, alleging that she suffered a loss of consciousness, identified as vasovagal syncope, and a subsequent fall after receiving the Hepatitis A and trivalent influenza vaccines on November 25, 2013. She sought damages for injuries sustained from the fall, which included a broken right central incisor, lacerations of her lower lip, a closed head injury with a brief loss of consciousness, a contusion of her jaw, and muscle strain.
The respondent, Secretary of Health and Human Services, filed a status report on December 16, 2014, conceding entitlement. The respondent agreed that the petitioner's injuries, including the syncopal fall and associated physical harm, were caused in fact by the Hepatitis A and trivalent influenza vaccines received on November 25, 2013.
On December 17, 2014, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement, finding McKenna Wojick entitled to compensation. Subsequently, on August 4, 2015, the parties filed a stipulation and proffer regarding damages.
The respondent proffered an award of $100,041.46, which the petitioner agreed represented all damages available under 42 U.S.C. § 300aa-15(a). Chief Special Master Vowell issued a decision awarding this lump sum amount on August 4, 2015.
Later, on October 5, 2015, the parties filed a stipulation concerning attorneys' fees and costs. They agreed upon an award of $27,449.19 for reasonable attorneys' fees and costs.
On November 16, 2015, Chief Special Master Nora Beth Dorsey issued a decision awarding this amount, payable jointly to the petitioner and her counsel, William E. Cochran, Jr.
The total compensation awarded was $127,490.65.
Theory of causation
Petitioner McKenna Wojick alleged that on November 25, 2013, she received Hepatitis A and trivalent influenza vaccines and subsequently suffered vasovagal syncope, a loss of consciousness, and a fall, resulting in injuries including a broken tooth, lip lacerations, a closed head injury, jaw contusion, and muscle strain. The respondent conceded entitlement, agreeing that the injuries were caused in fact by the vaccines. The case proceeded to a ruling on entitlement on December 17, 2014, by Chief Special Master Denise Kathryn Vowell. Damages were stipulated and proffered on August 4, 2015, with an award of $100,041.46 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs were stipulated and awarded on November 16, 2015, by Chief Special Master Nora Beth Dorsey in the amount of $27,449.19, bringing the total award to $127,490.65. The theory of causation was based on a concession by the respondent, indicating a Table injury, though specific medical experts or detailed mechanisms were not described in the provided public text.