A.H. v. HHS - Tdap, vasovagal syncope and resulting sequelae, including a lump on her head and associated concussion (2019)
Case summary [AI summaries can sometimes make mistakes]
William and Rhonda Henderson, as parents and guardians of their minor daughter A.H., filed a petition for compensation under the National Vaccine Injury Compensation Program on February 7, 2018. They alleged that A.H. developed vasovagal syncope after receiving tetanus-diphtheria-acellular pertussis (Tdap) and human papillomavirus (HPV) vaccines on August 19, 2016.
The petition stated that the syncope resulted in a fall, a concussion, and a persistent lump on her head, causing disfigurement. The respondent filed a Rule 4(c) report on November 15, 2018, conceding that petitioners were entitled to compensation.
The respondent stated that A.H.'s vasovagal syncope occurred within one hour of vaccination and met the criteria for a Table injury, with no apparent alternative cause, and that A.H. experienced more than six months of residual effects. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on November 16, 2018, finding petitioners entitled to compensation.
Subsequently, on April 12, 2019, the respondent filed a proffer on the award of compensation. The parties agreed to a total award of $52,044.12.
This amount included a lump sum payment of $50,000.00 to petitioners as guardians/conservators of A.H.'s estate, and a lump sum payment of $2,044.12 to satisfy a Commonwealth of Pennsylvania Medicaid lien. Chief Special Master Dorsey issued a Decision Awarding Damages on June 21, 2019, awarding the agreed-upon amounts.
The decision noted that no payments would be made until petitioners provided documentation of their appointment as guardians/conservators of A.H.'s estate. Petitioners were represented by Rudolph L.
Massa of Massa Law Group, and respondent was represented by Traci R. Patton of the U.S.
Department of Justice.
Theory of causation
Petitioners alleged that A.H. developed vasovagal syncope following Tdap and HPV vaccinations on August 19, 2016, resulting in a fall, concussion, and disfigurement. The respondent conceded entitlement to compensation, stating that the vasovagal syncope occurred within one hour of vaccination, met the criteria for a Table injury, and had no apparent alternative cause. The respondent also agreed that A.H. experienced more than six months of residual effects. The case was decided based on a stipulation and proffer. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on November 16, 2018, and a Damages Decision on June 21, 2019. The award totaled $52,044.12, consisting of $50,000.00 for A.H.'s injuries and $2,044.12 to satisfy a Medicaid lien. Petitioners were represented by Rudolph L. Massa, and respondent by Traci R. Patton.
Source PDFs
USCOURTS-cofc-1_18-vv-00193