VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01433
Package ID: USCOURTS-cofc-1_15-vv-01433
Petitioner: M.J.P.
Filed: 2015-11-30
Decided: 2016-10-05
Vaccine: Hepatitis A
Vaccination date: 2015-02-18
Condition: syncope resulting in dental injuries
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
On November 30, 2015, petitioners Dwan Petti and Anthony Petti, as parents and natural guardians of minor M.J.P., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that M.J.P. experienced syncope and fell, resulting in dental injuries, after receiving Hepatitis A and HPV vaccinations on February 18, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 1, 2016, conceding entitlement. The respondent agreed that M.J.P.'s dental injury was consistent with vaccine-related syncope, that the injury was caused by the vaccinations, that the case was timely filed, that M.J.P. received a vaccine listed on the Vaccine Injury Table, that the vaccine was administered in the United States, and that the condition persisted for more than six months. Based on the respondent's concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 5, 2016, finding M.J.P. entitled to compensation. Subsequently, on July 26, 2016, the respondent filed a proffer on the award of compensation, proposing an award of $100,000.00, which the petitioners agreed to. On October 5, 2016, Chief Special Master Dorsey issued a decision awarding M.J.P. a lump sum payment of $100,000.00, payable to Dwan Petti and Anthony Petti as guardians/conservators of M.J.P.'s estate. This amount represented compensation for all damages available under the Vaccine Act. Clifford Shoemaker represented the petitioners, and Michael Milmoe represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioners alleged that M.J.P. suffered syncope resulting in dental injuries after receiving Hepatitis A and HPV vaccinations on February 18, 2015. The respondent conceded entitlement, agreeing that the dental injury was consistent with vaccine-related syncope and was caused by the vaccinations. The respondent also confirmed that the case met the requirements for compensation under the Vaccine Act, including timely filing, receipt of a Table vaccine, administration in the U.S., and a condition lasting more than six months. The case was resolved via concession and proffer. The Chief Special Master issued a ruling on entitlement on April 5, 2016, and a decision awarding $100,000.00 on October 5, 2016. The public text does not specify the mechanism of injury or name any experts. The theory of causation was based on vaccine-related syncope, which is listed on the Vaccine Injury Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01433-0
Date issued/filed: 2016-05-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/05/2016) regarding 16 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01433-UNJ Document 19 Filed 05/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1433V
Filed: April 5, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
M.J.P., by her Parents and Natural *
Guardians, DWAN PETTI and *
ANTHONY PETTI, *
* Ruling on Entitlement; Concession;
Petitioners, * Syncope; Hepatitis A; HPV;
v. * Special Processing Unit (“SPU”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Clifford Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioner.
Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 30, 2015, petitioners filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioners allege that their daughter M.J.P. passed out and fell as a
result of receiving her February 18, 2015 Hepatitis A and HPV vaccinations, resulting in
dental injuries. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On April 1, 2016, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent “has concluded that a preponderance of the evidence
establishes that M.J.P.’s dental injury is consistent with a vaccine-related syncope, and
1 Because this unpublished ruling 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. 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of
Electronic Government Services). 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 1:15-vv-01433-UNJ Document 19 Filed 05/19/16 Page 2 of 2
that her injury is not due to factors unrelated to her February 18, 2015 vaccinations.” Id.
at 2-3. Respondent further agrees that M.J.P.’s dental injury is compensable as a
“caused-in-fact” injury under the Vaccine Act, that the case was timely filed, that M.J.P.
received a vaccine set forth in the Vaccine Injury Table, that the vaccine was
administered in the United States, and that M.J.P. suffered her condition for more than
six months. Id.at 3.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-01433-1
Date issued/filed: 2016-10-05
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/27/2016) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01433-UNJ Document 36 Filed 10/05/16 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1433V
Filed: July 27, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
M.J.P., by her Parents and Natural *
Guardians, DWAN PETTI and *
ANTHONY PETTI, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Hepatitis A; HPV;
* Syncope;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Clifford Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioner.
Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 30, 2015, 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”). Petitioners allege that their daughter M.J.P. passed out and fell as a
result of receiving her February 18, 2015 Hepatitis A and HPV vaccinations, resulting in
dental injuries. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On April 5, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation for vaccine-related syncope. On July 26, 2016, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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 1:15-vv-01433-UNJ Document 36 Filed 10/05/16 Page 2 of 5
$100,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
with the proffered award. Based on the record as a whole, the undersigned finds that
petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $100,000.00 in the form of a check payable to
petitioners, Dwan Petti and Anthony Petti, as guardians/conservators of M.J.P.’s
estate. 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/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 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.
2

Case 1:15-vv-01433-UNJ Document 36 Filed 10/05/16 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
M.J.P., by her Parents and Natural )
Guardians, DWAN PETTI and ANTHONY )
PETTI, )
)
Petitioners, )
)
v. ) No. 15-1433V
) Ch. Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On April 5, 2016, the Chief Special Master issued a Ruling on Entitlement determining
that petitioners were entitled to vaccine compensation for dental injuries suffered by their
daughter, M.J.P., associated with an episode of syncope following receipt of Hepatitis A and
HPV vaccinations on February 18, 2015. Respondent proffers that, based on the evidence of
record, petitioners should be awarded $100,000.00. This amount represents all elements of
compensation to which petitioners would be entitled under 42 U.S.C. § 300aa-15(a). Petitioners
agree.

Case 1:15-vv-01433-UNJ Document 36 Filed 10/05/16 Page 4 of 5
II. Form of the Award
Respondent recommends that the compensation provided to petitioners should be made
through a lump sum payment as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following:1
A lump sum payment of $100,000.00 in the form of a check payable to petitioners, Dwan
Petti and Anthony Petti, as guardians/conservators of M.J.P.’s estate. This amount
accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which
petitioners would be entitled.
No payments shall be made until petitioners provide respondent with documentation
establishing that they have been appointed as the guardians/conservators of M.J.P.’s estate.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
1 Should M.J.P. die prior to entry of judgment, respondent reserves the right to move the Court for appropriate
relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and
future lost wages.

Case 1:15-vv-01433-UNJ Document 36 Filed 10/05/16 Page 5 of 5
/s/ Michael P. Milmoe
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4125
Dated: July 26, 2016 Fax: (202) 616-4310