VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01101
Package ID: USCOURTS-cofc-1_14-vv-01101
Petitioner: Nicholas J. Xanthopoulos
Filed: 2014-11-12
Decided: 2015-09-24
Vaccine: HPV
Vaccination date: 2012-10-22
Condition: vasovagal syncope with subsequent traumatic brain injuries
Outcome: compensated
Award amount USD: 112500

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01101-0
Date issued/filed: 2015-05-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/04/2015) regarding 15 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01101-UNJ Document 17 Filed 05/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1101V
Filed: May 4, 2015
Not for Publication
* * * * * * * * * * * * * * * * * * * * * * * * *
NICHOLAS J. XANTHOPOULOUS, *
*
*
Petitioner, * Ruling on Entitlement; Concession;
* Human Papillomavirus (“HPV”) Vaccine;
v. * Vasovagal Syncope; Special Processing
* Unit (“SPU”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Randall Elbert Smith, Smith, Elliot, Smith and Garmey, Saco, ME for petitioner.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On November 12, 2014, Nicholas Xanthopoulos filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq,2 [the “Vaccine Act” or “Program”]. The petition alleges that as a result of a human
papillomavirus (“HPV”) vaccine on October 12, 2012, petitioner suffered vasovagal
syncope, and subsequent traumatic brain injuries secondary to the vaccination. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, it will be
posted on the United States Court of Federal Claims' website, 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)). 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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-01101-UNJ Document 17 Filed 05/28/15 Page 2 of 2
On April 30, 2015, respondent filed her Rule 4(c) Report [“Respondent’s Report”],
in which she concedes that petitioner is entitled to compensation in this case.
Respondent’s Report at 4. Specifically, respondent submits that “a preponderance of
the evidence indicates that petitioner experienced a syncopal episode within one hour of
receiving his HPV vaccination, and that the syncope was the proximate cause of his
head injury.” Id. Respondent further submits that the medical records establish
petitioner “met the statutory requirements by suffering the condition for more than six
months” and “has satisfied all legal prerequisites for compensation under the Act.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01101-1
Date issued/filed: 2015-09-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/21/2015) regarding 25 DECISION Stipulation/Proffer (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01101-UNJ Document 31 Filed 09/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1101V
Filed: August 21, 2015
Not for Publication
* * * * * * * * * * * * * * * * * * * * * * * * *
NICHOLAS J. XANTHOPOULOS, *
*
*
Petitioner, * Damages Decision Based on Proffer;
* Human Papillomavirus Vaccine (“HPV”);
v. * Vasovagal Syncope; Special Processing
* Unit (“SPU”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Randall Elbert Smith, Smith, Elliot, Smith and Garmey, Saco, ME for petitioner.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On November 12, 2014, Nicholas Xanthopoulos filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq,2 [the “Vaccine Act” or “Program”]. The petition alleges that as a result of a human
papillomavirus vaccine [“HPV”] on October 12, 2012, petitioner suffered vasovagal
syncope causing him to fall and sustain traumatic brain injuries. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On May 4, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation for a syncopal episode within one hour of receiving a HPV vaccination,
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post it on the United States Court of Federal Claims' website, 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)). 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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:14-vv-01101-UNJ Document 31 Filed 09/24/15 Page 2 of 2
which was the proximate cause of petitioner’s head injury. On August 19, 2015,
respondent filed a proffer on award of compensation [“Proffer”] indicating that petitioner
should be awarded compensation in the amount of $112,500.00 for his actual and
projected pain and suffering. Proffer at 1.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $112,500.00 in the form of a check payable to petitioner, Nicholas
J. Xanthopoulos. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-01101-2
Date issued/filed: 2016-05-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/22/2015) regarding 33 DECISION Fees Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (tpj) Copy to parties.
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Case 1:14-vv-01101-UNJ Document 36 Filed 05/02/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1101V
Filed: December 22, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
NICHOLAS J XANTHOPOULOS, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Randall Elbert Smith, Smith, Elliot, Smith and Garmey, Saco, ME, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On November 12, 2014, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act”]. Petitioner alleged that he suffered a syncopal episode with loss of
consciousness resulting in traumatic brain injuries caused by his October 22, 2012 HPV
vaccination. On August 21, 2015, the undersigned issued a decision awarding
compensation to petitioner based on respondent’s proffer.
On December 22, 2015, the parties filed a Stipulation of Fact Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $11,834.60. In accordance with General Order #9, petitioner’s counsel
represents that petitioner incurred no out-of-pocket expenses.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, 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)). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:14-vv-01101-UNJ Document 36 Filed 05/02/16 Page 2 of 2
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $11,834.603 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel
Randall E. Smith.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.