VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00254 Package ID: USCOURTS-cofc-1_17-vv-00254 Petitioner: William Lahera Filed: 2017-09-21 Decided: 2018-02-07 Vaccine: Hepatitis A Vaccination date: 2015-07-24 Condition: vasovagal syncope and resulting injuries (fractured nose and partial avulsion and lingual displacement of his number 8 and 9 central incisors) Outcome: compensated Award amount USD: 78000 AI-assisted case summary: William Lahera filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he fainted and fell after receiving Hepatitis A and Human Papillomavirus (Gardasil-9) vaccines on July 24, 2015. These events resulted in a fractured nose and damage to his front incisors. The case was assigned to the Special Processing Unit. On May 31, 2017, the respondent conceded that Mr. Lahera was entitled to compensation, agreeing that his vasovagal syncope was caused-in-fact by the vaccinations, despite a predisposition to syncope and no history of heart or neurological disorders. The respondent also agreed that there was no alternative diagnosis for his condition. A ruling on entitlement was issued on June 2, 2017, finding Mr. Lahera entitled to compensation. Subsequently, on September 20, 2017, the respondent filed a proffer proposing an award of $78,000.00, which Mr. Lahera accepted. The Chief Special Master issued a decision awarding Mr. Lahera a lump sum payment of $78,000.00 on February 7, 2018. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00254-0 Date issued/filed: 2018-02-07 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 9/21/2017) regarding 21 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00254-UNJ Document 29 Filed 02/07/18 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-254V Filed: September 21, 2017 UNPUBLISHED WILLIAM LAHERA, Special Processing Unit (SPU); Damages Decision Based on Proffer; Petitioner, Human Papillomavirus (HPV) v. Vaccine; Hepatitis A (Hep A) Vaccine; Vasovagal Syncope SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. George Edward LaMarche, III, LaMarche Safranko Law, PLLC, Clifton Park, NY, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On February 22, 2017, 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 alleges that he fainted and fell following receipt of Hepatitis A and Human Papillomavirus (Gardasil-9) vaccines on July 24, 2015, resulting in a fractured nose and partial avulsion and lingual displacement of his number 8 and 9 central incisors. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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 1:17-vv-00254-UNJ Document 29 Filed 02/07/18 Page 2 of 4 On June 2, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for vasovagal syncope and resulting injuries caused-in-fact by petitioner’s Hepatitis A and HPV vaccines. (ECF No. 12.) On September 20, 2017, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $78,000.00. 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 $78,000.00 in the form of a check payable to petitioner, William Lahera. 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 1:17-vv-00254-UNJ Document 29 Filed 02/07/18 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) WILLIAM LAHERA, ) ) Petitioner, ) No. 17-0254 ) SPECIAL MASTER v. ) Nora Beth Dorsey ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items On June 2, 2017, the Chief Special Master issued a Ruling on Entitlement finding that petitioner was entitled to vaccine compensation for injuries resulting from an episode syncope following the administration of an HPV vaccination. Respondent proffers that based on the evidence of record, petitioner should be awarded $78,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 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 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 medical expenses, future lost earnings, and future pain and suffering. Case 1:17-vv-00254-UNJ Document 29 Filed 02/07/18 Page 4 of 4 A lump sum payment of $78,000.00, in the form of a check payable to petitioner, William LaHera. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, CHAD A. READLER Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Acting Deputy Director Torts Branch, Civil Division ALEXIS L. BABCOCK Assistant Director Torts Branch, Civil Division s/Linda S. Renzi LINDA S. RENZI Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice Ben Franklin Station, P.O. Box 146 Washington, D.C. 20044-0146 Tel.: (202) 616-4133 DATE: September 20, 2017 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_17-vv-00254-2 Date issued/filed: 2018-05-08 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/02/2017) regarding 12 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00254-UNJ Document 32 Filed 05/08/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-254V Filed: June 2, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * WILLIAM LAHERA, * * Petitioner, * Ruling on Entitlement; Concession; v. * Hepatitis A; Human Papillomavirus; * Syncope; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * George Edward LaMarche, III, LaMarche Safranko Law, PLLC, Clifton Park, NY, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On February 22, 2017, 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 alleges that he fainted and fell following receipt of Hepatitis A and Human Papillomavirus (Gardasil-9) vaccines on July 24, 2015, resulting in a fractured nose and partial avulsion and lingual displacement of his number 8 and 9 central incisors. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 31, 2017, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent agrees that petitioner suffered a vasovagal syncope that was “caused-in-fact” by the Hepatitis A and HPV vaccinations and further notes “that the 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 1:17-vv-00254-UNJ Document 32 Filed 05/08/18 Page 2 of 2 patient had a predisposition to syncope, but with no history of any condition that would have caused this episode, such has a heart or neurological disorder. Additionally, the timing is reasonable for vasovagal syncope post-vaccination, with the onset of the symptoms occurring minutes after the petitioner received the vaccinations. The petitioner also experienced more than 6 months of residual effects.” Id. at 4. Respondent further agrees that there is not an alternative diagnosis or cause for petitioner’s syncope and that petitioner should be awarded compensation under the Vaccine Injury Compensation Program. Id. 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