H.S. v. HHS - DTaP, syncope and a skull fracture (2015)

On October 29, 2014, Gregory and Sandra Simpson, as parents and natural guardians for their minor son H.S., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that H.S., born February 7, 2001, received DTaP and meningococcal vaccines on July 25, 2012, and subsequently experienced syncope, fell, and fractured his skull and C1 vertebra.

The case was assigned to the Special Processing Unit. Initially, the respondent disputed that H.S. experienced residual effects for at least six months.

However, following a ruling on March 13, 2015, by Chief Special Master Denise Kathryn Vowell, which determined the injury persisted for at least six months, the respondent conceded entitlement on May 18, 2015. The respondent agreed that H.S. suffered a syncopal episode within a temporally appropriate timeframe following his vaccinations and experienced six months of residual injuries without evidence of an unrelated factor.

Chief Special Master Vowell issued a ruling on entitlement finding H.S. entitled to compensation. The case was reassigned to Chief Special Master Nora Beth Dorsey.

The parties continued to negotiate damages, eventually reaching an impasse on pain and suffering, and submitted simultaneous briefs. On September 25, 2015, they filed a joint stipulation agreeing that the only item of compensation besides pain and suffering was $212.40 for past expenses.

The undisputed facts indicated that after his vaccinations on July 25, 2012, H.S. experienced syncope and hit the back of his head. A head CT showed a nondisplaced right occipital skull fracture, and a neck CT showed a fracture along the right lateral mass of the C1 vertebra.

H.S. was hospitalized overnight and discharged with a hard neck collar. His pediatrician, Dr.

Richard Fuchs, indicated in August 2012 that H.S. would need the neck brace through mid-September and would require a one-on-one aid at school for six to eight weeks after the brace was removed due to the risk of re-injury. H.S. experienced a second syncopal episode on September 6, 2012, which was attributed by Dr.

Stuart Tashman at a later visit to the neck collar being too tight. Dr.

Tashman noted that H.S. was not allowed to play, ride a bike, or play sports for the following year. H.S. saw Dr.

Michael Tobias for follow-up on April 1, 2013, and was cleared to return to gym class. He was cleared to resume all activities without restriction on September 30, 2013.

The respondent suggested an award of $50,000.00, emphasizing H.S.'s full recovery and the lifting of restrictions after about a year. The petitioners argued for an award greater than de minimis, citing ongoing psychological and emotional pain, isolation from friends and interests, and a year of uncertainty due to doctors' warnings about re-injury.

They also asserted, based on H.S.'s mother's declaration, that he was still barred from contact sports and experienced anxiety related to needles. Chief Special Master Dorsey awarded $60,000.00 for pain and suffering, stating this amount accounted for the head trauma, concussion, skull and C1 vertebra fractures, the six-week requirement of a cervical immobilizing brace, and restrictions from gym, play, or sports until April 1, 2013, with full activity resumption by September 30, 2013.

The decision noted that claims of ongoing restriction from contact sports and continued emotional stress were not substantiated by the medical records. The total award for pain and suffering and past expenses was $60,212.40.

This award was issued on October 20, 2015. Subsequently, on March 9, 2016, the parties filed a stipulation for attorneys' fees and costs.

On May 11, 2016, Chief Special Master Dorsey awarded $23,500.00 for attorneys' fees and costs, and $3,322.90 for petitioner's costs, totaling $26,822.90.