Jose Guadalupe Garcia, II v. HHS - Meningococcal, vasovagal syncope (2015)

Jose Guadalupe Garcia, II filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered injuries resulting from fainting after receiving the meningitis vaccine on December 26, 2012. The case was assigned to the Special Processing Unit.

Respondent filed a Rule 4(c) report conceding that compensation was appropriate, finding it more likely than not that the meningococcal vaccine caused petitioner's syncopal episode, which led to his fall and resulting facial and dental injuries. The Chief Special Master found petitioner entitled to compensation.

Subsequently, the parties filed a proffer on award of compensation. Respondent detailed compensation in the amount of $7,091.00 for future un-reimbursable medical expenses, $69,112.54 for actual and projected pain and suffering, and $23,796.46 for past un-reimbursable expenses, totaling $100,000.00.

Petitioner agreed to these amounts. The proffer also included an award of attorneys' fees and costs in the amount of $16,775.55, to which petitioner agreed.

The total award was $116,775.55, with $100,000.00 payable to petitioner and $16,775.55 payable jointly to petitioner and his counsel for attorneys' fees and costs.