VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01987
Package ID: USCOURTS-cofc-1_17-vv-01987
Petitioner: Faith Hoelzel
Filed: 2017-12-20
Decided: 2019-02-06
Vaccine: influenza
Vaccination date: 2014-12-23
Condition: syncopal episode, concussion, dental fractures, and permanent facial scarring
Outcome: compensated
Award amount USD: 101671

AI-assisted case summary:
Faith Hoelzel filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a syncopal episode, concussion, dental fractures, and permanent facial scarring after receiving an influenza vaccine on December 23, 2014. The case was assigned to the Special Processing Unit. The respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation, as her vasovagal syncope was a Table injury with onset within one hour of the flu vaccination and had no apparent alternative cause. The respondent also agreed that petitioner experienced more than six months of residual effects. A ruling on entitlement was issued on October 30, 2018, finding petitioner entitled to compensation. Subsequently, on December 17, 2018, the respondent filed a proffer on award of compensation, recommending an award of $101,671.56, which included $100,000.00 for pain and suffering and $1,671.56 for past unreimbursable expenses. Petitioner, an adult, agreed with the proffered award. The Chief Special Master issued a decision awarding Faith Hoelzel a lump sum payment of $101,671.56 on February 6, 2019.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01987-0
Date issued/filed: 2018-12-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/30/2018) regarding 27 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01987-UNJ Document 30 Filed 12/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1987V
Filed: October 30, 2018
UNPUBLISHED
FAITH HOELZEL,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Uncontested;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Vasovagal Syncope
HUMAN SERVICES,
Respondent.
Jerome Albert Hierseman, End Hierseman and Crain LLC, Milwaukee, WI, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 20, 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 she suffered a syncopal episode upon receiving
an influenza (“flu”) vaccine on December 23, 2014, which resulted in “injuries, including
concussion, dental fractures, and permanent facial scarring.” Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling will be available to anyone with access to the internet. 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. Because this unpublished ruling contains a reasoned explanation for the action in this
case, undersigned is required 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).
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-01987-UNJ Document 30 Filed 12/12/18 Page 2 of 2
On October 29, 2018, 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 states that “petitioner has satisfied the criteria set forth in
the recently revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (“QAI”), which afford petitioner a presumption of causation if the onset of
vasovagal syncope occurs within one hour after a seasonal flu vaccination and there is
no apparent alternative cause.” Id. at 5 (citing 42 C.F.R. § 100.3(a)(XIV)(C), (c)(13)).
Respondent further agrees that “petitioner experienced more than six months of
residual effects.” Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01987-1
Date issued/filed: 2019-02-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/19/2018) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01987-UNJ Document 34 Filed 02/06/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1987V
Filed: December 19, 2018
UNPUBLISHED
FAITH HOELZEL,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Vasovagal
SECRETARY OF HEALTH AND
Syncope
HUMAN SERVICES,
Respondent.
Jerome Albert Hierseman, End Hierseman and Crain LLC, Milwaukee, WI, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 20, 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 that she suffered a syncopal episode upon
receiving an influenza vaccine on December 23, 2014, which resulted in “injuries,
including concussion, dental fractures, and permanent facial scarring.” Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 30, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her alleged injury. On December 17, 2018, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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-01987-UNJ Document 34 Filed 02/06/19 Page 2 of 5
awarded $101,671.56, which includes $100,000.00 for actual and projected pain and
suffering. Proffer at 1-2. 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. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $101,671.56 in the form of a check payable to
petitioner, Faith Hoelzel. This amount represents compensation for all damages that
would be available under § 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-01987-UNJ Document 34 Filed 02/06/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
FAITH HOELZEL, )
)
Petitioner, )
) No. 17-1987V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 20, 2017, Faith Hoelzel (“petitioner”) filed a Petition for Compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine
Act” or “the Act”). 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she suffered a syncopal
episode upon receiving an influenza vaccine on December 23, 2014, which resulted in “injuries,
including concussion, dental fractures, and permanent facial scarring.” See Petition at 1. On
October 29, 2018, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c)
Report indicating that this case is appropriate for compensation under the terms of the Act, and
the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation on October 30, 2018. ECF No. 26; ECF No. 27.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Faith Hoelzel should be awarded $100,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and

Case 1:17-vv-01987-UNJ Document 34 Filed 02/06/19 Page 4 of 5
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Faith Hoelzel’s expenditure of past
unreimbursable expenses related to her vaccine-related injury. Respondent proffers that
petitioner should be awarded past unreimbursable expenses in the amount of $1,671.56, as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to Faith Hoelzel 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 following1: a lump sum payment of $101,671.56,
representing compensation for pain and suffering ($100,000.00), and past unreimbursable
expenses ($1,671.56), in the form of a check payable to petitioner, Faith Hoelzel.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Faith Hoelzel: $101,671.56
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
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 lost earnings
and future pain and suffering.
2

Case 1:17-vv-01987-UNJ Document 34 Filed 02/06/19 Page 5 of 5
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
Sarah C. Duncan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 514-9729
Fax: (202) 616-4310
DATED: December 17, 2018
3