Nicholas J. Xanthopoulos v. HHS - HPV, vasovagal syncope with subsequent traumatic brain injuries (2015)
Case summary [AI summaries can sometimes make mistakes]
Nicholas J. Xanthopoulos filed a petition for compensation under the National Vaccine Injury Compensation Program on November 12, 2014.
The petition alleged that a human papillomavirus (HPV) vaccine administered on October 22, 2012, caused him to suffer vasovagal syncope, which led to subsequent traumatic brain injuries from a fall. The case was assigned to the Special Processing Unit.
On April 30, 2015, the respondent filed a Rule 4(c) Report conceding entitlement. The respondent agreed that the evidence indicated the petitioner experienced a syncopal episode within one hour of vaccination, and that this syncope was the proximate cause of his head injury.
The respondent also stated that the medical records established the petitioner met the statutory requirements by suffering the condition for more than six months and satisfied all legal prerequisites for compensation. On May 4, 2015, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement, finding the petitioner entitled to compensation.
Subsequently, on August 19, 2015, the respondent filed a proffer on the award of compensation, indicating that the petitioner should be awarded $112,500.00 for actual and projected pain and suffering. On September 24, 2015, Chief Special Master Vowell issued a decision awarding the petitioner a lump sum payment of $112,500.00, payable to Nicholas J.
Xanthopoulos, representing compensation for all damages available under the Act. Later, on December 22, 2015, the parties filed a Stipulation of Fact Concerning Attorneys' Fees and Costs.
On May 2, 2016, Chief Special Master Nora Beth Dorsey issued a decision approving the stipulation, awarding $11,834.60 for attorneys' fees and costs. This amount was to be paid as a lump sum in the form of a check jointly payable to the petitioner and his counsel, Randall E.
Smith. Petitioner was represented by Randall Elbert Smith of Smith, Elliot, Smith and Garmey.
Respondent was represented by Claudia Gangi of the U.S. Department of Justice.
Theory of causation
Petitioner Nicholas J. Xanthopoulos received an HPV vaccine on October 22, 2012. He alleged that this vaccination caused vasovagal syncope, leading to subsequent traumatic brain injuries from a fall. The respondent conceded entitlement, agreeing that a preponderance of the evidence indicated petitioner experienced a syncopal episode within one hour of receiving the HPV vaccination, and that the syncope proximately caused his head injury. The respondent also confirmed that petitioner met the statutory requirement of suffering the condition for more than six months. The Special Processing Unit was assigned to the case. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on May 4, 2015. Subsequently, Chief Special Master Vowell issued a decision on September 24, 2015, awarding $112,500.00 for pain and suffering. On May 2, 2016, Chief Special Master Nora Beth Dorsey approved a stipulation for attorneys' fees and costs, awarding $11,834.60. Petitioner was represented by Randall Elbert Smith, and respondent was represented by Claudia Gangi.