VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01136
Package ID: USCOURTS-cofc-1_14-vv-01136
Petitioner: Jose Guadalupe Garcia, II
Filed: 2015-02-06
Decided: 2015-06-25
Vaccine: meningococcal
Vaccination date: 2012-12-26
Condition: vasovagal syncope
Outcome: compensated
Award amount USD: 116775

AI-assisted case summary:
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.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01136-0
Date issued/filed: 2015-03-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/06/2015) regarding 12 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01136-UNJ Document 14 Filed 03/03/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1136V
Filed: February 6, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOSE GUADALUPE GARCIA, II, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Meningococcal Vaccine; Vasovagal
* Syncope; Special Processing Unit;
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Larry Lee Thweatt, Jr., Esq., Terry & Thweatt, PC, Houston, TX for petitioner.
Lisa Watts, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On November 21, 2014, Jose Guadalupe Garcia, II 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”]. Petitioner alleges that he suffered
injuries resulting from fainting after receiving the meningitis vaccine on December 26,
2012. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On February 6, 2015, respondent filed her Rule 4(c) report in which she
concedes “that compensation is appropriate” in this case. Respondent’s Rule 4(c)
Report at 2. Specifically, respondent believes that “it is more likely than not that the
administration of the meningococcal vaccine caused petitioner’s syncopal episode”
1 Because this unpublished ruling 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 (2006).

Case 1:14-vv-01136-UNJ Document 14 Filed 03/03/15 Page 2 of 2
which caused his fall and facial and dental injuries. Id. at 3. Respondent further agrees
that the jurisdictional issues are satisfied in this case. 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-01136-1
Date issued/filed: 2015-06-25
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 06/02/2015) regarding 19 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer,, (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01136-UNJ Document 22 Filed 06/25/15 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1136V
Filed: June 2, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOSE GUADALUPE GARCIA, II, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Meningococcal Vaccine;
* Vasovagal Syncope; Attorneys’ Fees
SECRETARY OF HEALTH * and Costs Decision Based on Proffer;
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Larry Lee Thweatt, Jr., Esq., Terry & Thweatt, PC, Houston, TX for petitioner.
Lisa Watts, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1
Vowell, Chief Special Master:
On November 21, 2014, Jose Guadalupe Garcia, II 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”]. Petitioner alleges that he
suffered injuries resulting from fainting after receiving the meningitis vaccine on
December 26, 2012. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On February 6, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation. On June 2, 2015, respondent filed a proffer on award of compensation
[“Proffer”] detailing 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 for a total of $100,000.00. Proffer at 1-
2. Respondent averred that petitioner agreed to the amounts set forth therein. Id. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
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.

Case 1:14-vv-01136-UNJ Document 22 Filed 06/25/15 Page 2 of 6
The proffer also included an award of attorneys’ fees and costs in the amount of
$16,775.55 to which petitioner agreed. Proffer at 2. The proffer indicates that
“petitioner intends to file a statement confirming that he incurred no out-of-pocket
expenses in proceeding on the petition.” Id. This statement is sufficient for compliance
with General Order #9.
The Vaccine Act permits an award of reasonable fees and costs. 42 U.S.C. § 300
aa-15(e). I find the proposed total amount of $16,775.55 to be reasonable.
Pursuant to the terms stated in the attached Proffer, I award petitioner a
payment of $116,775.55 as follows:
a. a lump sum payment of $100,000.00 in the form of a check payable solely to
petitioner, Jose Guadalupe Garcia, II;
b. a lump sum payment of $16,775.55 in the form of a check payable jointly to
petitioner, Jose Guadalupe Garcia, II and petitioner’s counsel, Larry Lee Thweatt, Jr.
The clerk of the court is directed to enter judgment in accordance with this
decision.2
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2 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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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
JOSE GUADALUPE GARCIA, II, )
) ECF
Petitioner, )
)
v. ) No. 14-1136V
) Chief Special Master
SECRETARY OF HEALTH AND HUMAN ) Denise K. Vowell
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Future Un-Reimbursable Medical Expenses
Respondent proffers that, based on the evidence of record, petitioner is likely to incur
$7,091.00 in future un-reimbursable medical expenses, representing the cost of oral surgery as a
result of his vaccine-related injury. See 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence of record, it is unlikely that petitioner’s
vaccine-related injury will impact his future earnings capacity. See 42 U.S.C.
§ 300aa-15(a)(3)(A). Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded $69,112.54 in actual and projected
pain and suffering. See 42 U.S.C. § 300aa-15(a)(4), (f)(4)(A). Petitioner agrees.
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D. Past Un-reimbursable Expenses
Evidence supplied by petitioner documents his expenditure of past un-reimbursable
expenses related to his vaccine-related injury. 42 U.S.C. § 300aa-15(a)(1)(B). Respondent
proffers that petitioner should be awarded past un-reimbursable expenses in the amount of
$23,796.46. Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no Medicaid liens outstanding against him.
F. Attorneys’ Fees and Costs
Petitioner has supplied documentation of reasonable attorneys’ fees and litigation costs in
the amount of $16,775.55 incurred in pursuit of this petition. In compliance with General Order
#9, petitioner intends to file a statement confirming that he incurred no out-of-pocket expenses in
proceeding on the petition. Respondent proffers that petitioner should be awarded $16,775.55
for attorneys’ fees and costs, as provided under 42 U.S.C. § 300aa-15(e)(1). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the Chief Special Master’s
decision and the Court’s judgment award the following:1
A. A lump sum payment of $100,000.00, representing petitioner’s future medical
expenses ($7,091.00), pain and suffering ($69,112.54), and past un-reimbursable
expenses ($23,796.46) in the form of a check payable to petitioner.
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future pain and
suffering and future medical expenses.
2

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B. A lump sum of $16,775.55 in the form of a check payable to petitioner and
petitioner’s attorney, L. Lee Thweatt, Esq., for attorneys’ fees and costs.
Petitioner agrees to endorse this payment to petitioner’s attorney.
1. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner for future un-reimbursable expenses,
pain and suffering, and past un-reimbursable expenses: $100,000.00
B. Attorneys’ Fees and Costs paid jointly to petitioner and his
counsel: $16,775.55
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
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s/Lisa A. Watts
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4099
Dated: June 2, 2015.
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