VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00193 Package ID: USCOURTS-cofc-1_18-vv-00193 Petitioner: A.H. Filed: 2018-02-07 Decided: 2019-06-21 Vaccine: Tdap and HPV Vaccination date: 2016-08-19 Condition: vasovagal syncope and resulting sequelae, including a lump on her head and associated concussion Outcome: compensated Award amount USD: 52044 AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00193-0 Date issued/filed: 2019-02-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/16/2018) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00193-UNJ Document 29 Filed 02/22/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0193V Filed: November 16, 2018 UNPUBLISHED WILLIAM HENDERSON and RHONDA HENDERSON, as the Natural Parents and Guardians of A.H., a minor, Special Processing Unit (SPU); Ruling on Entitlement; Concession; Petitioners, Table Injury; Tetanus Diphtheria v. acellular Pertussis (Tdap) Vaccine; Human Papillomavirus (HPV) SECRETARY OF HEALTH Vaccine; Vasovagal Syncope AND HUMAN SERVICES, Respondent. Rudolph L. Massa, Massa Law Group, Pittsburg, PA, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On February 7, 2018, William and Rhonda Henderson (“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”) on behalf of their minor daughter, A.H. Petitioners allege that A.H. developed vasovagal syncope upon receiving tetanus- diphtheria-acellular pertussis (“Tdap”) and human papillomavirus (“HPV”) vaccines on August 19, 2016, which resulted in “residual effects and complications of a fall and 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). 1 Case 1:18-vv-00193-UNJ Document 29 Filed 02/22/19 Page 2 of 2 associated concussion.” See Petition at 1-4. Specifically, petitioners alleged that A.H. continues to suffer a “lump on her head, i.e., she remains disfigured” as a result of the syncope she suffered following her vaccinations. Id. at 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 15, 2018, respondent filed his Rule 4(c) report in which he concedes that petitioners are entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent states “that petitioners have satisfied the criteria set forth in the recently revised Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI), which afford petitioners a presumption of causation because the onset of A.H.’s vasovagal syncope occurred within one hour after a Tdap and/or HPV vaccination and there is no apparent alternative cause.” Id. at 5. Respondent further agrees that “A.H. experienced more than six months of residual effects of her vasovagal syncope.” Id. In view of respondent’s position and the evidence of record, the undersigned finds that petitioners are entitled to compensation. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-00193-1 Date issued/filed: 2019-06-21 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 04/15/2019) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00193-UNJ Document 37 Filed 06/21/19 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0193V Filed: April 15, 2019 UNPUBLISHED WILLIAM HENDERSON and RHONDA HENDERSON, as the Natural Parents and Guardians of A.H., a minor, Special Processing Unit (SPU); Damages Decision Based on Proffer; Petitioners, Tetanus Diphtheria acellular v. Pertussis (Tdap) Vaccine; Human Papillomavirus (HPV) Vaccine; SECRETARY OF HEALTH Vasovagal Syncope AND HUMAN SERVICES, Respondent. Rudolph L. Massa, Massa Law Group, Pittsburg, PA, for petitioners. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On February 7, 2018, William and Rhonda Henderson (“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”) on behalf of their minor daughter, A.H. Petitioners allege that A.H. developed vasovagal syncope upon receiving tetanus- diphtheria-acellular pertussis (“Tdap”) and human papillomavirus (“HPV”) vaccines on August 19, 2016, which resulted in “residual effects and complications of a fall and associated concussion.” Petition at 1-4. Specifically, petitioners alleged that A.H. continues to suffer a “lump on her head, i.e., she remains disfigured” as a result of the 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 1:18-vv-00193-UNJ Document 37 Filed 06/21/19 Page 2 of 5 syncope she suffered following her vaccinations. Id. at 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 16, 2018, a ruling on entitlement was issued, finding petitioners entitled to compensation. On April 12, 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioners should be awarded a total of $52,044.12, representing $50,000.00 to petitioners and $2,044.12 to satisfy a Commonwealth of Pennsylvania Medicaid lien. Proffer at 2. In the Proffer, respondent represented that petitioners agree with the proffered award. Id. Based on the record as a whole, the undersigned finds that petitioners are entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioners the following: (1) A lump sum payment of $50,000.00 in the form of a check payable to petitioners as guardians/conservators of A.H.’s estate. No payments shall be made until petitioners provide respondent with documentation establishing that they have been appointed as the guardians/conservators of A.H.’s estate; and (2) A lump sum payment of $2,044.12, representing compensation for satisfaction of the Commonwealth of Pennsylvania Medicaid lien, payable jointly to petitioners and to: Commonwealth of Pennsylvania Department of Human Services Bureau of Program Integrity P.O. Box 8486 Harrisburg, PA 17105 CIS#: 830170479 Petitioners agree to endorse this payment to the Commonwealth of Pennsylvania. These amounts represent 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 1:18-vv-00193-UNJ Document 37 Filed 06/21/19 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) WILLIAM HENDERSON and RHONDA ) HENDERSON, as the Natural Parents and ) Guardians of A.H., a minor, ) No. 18-193V ) Chief Special Master Dorsey Petitioners, ) ECF v. ) ) SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On November 15, 2018, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. Thereafter, on November 16, 2018, Chief Special Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her vasovagal syncope and resulting sequelae. I. Compensation for Vaccine Injury-Related Items Based on the evidence of record, respondent proffers that petitioner should be awarded $50,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a), with the exception of the reimbursement of the Medicaid lien, below. Petitioners agree. Respondent further proffers that petitioners should be awarded funds to satisfy a Commonwealth of Pennsylvania Medicaid lien in the amount of $2,044.12, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Commonwealth of Pennsylvania may have against any individual as a result of any Medicaid payments that the Commonwealth of Pennsylvania has made to or on behalf of A.H. from the Case 1:18-vv-00193-UNJ Document 37 Filed 06/21/19 Page 4 of 5 date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury suffered on or about April 19, 2016, under Title XIX of the Social Security Act. Petitioners agree. II. Form of the Award Respondent recommends that the compensation provided to petitioner be made through two lump sum payments as described below: (1) A lump sum payment of $50,000.00 in the form of a check payable to petitioners as guardians/conservators of A.H.’s estate.1 No payments shall be made until petitioners provide respondent with documentation establishing that they have been appointed as the guardians/conservators of A.H.’s estate; and (2) A lump sum payment of $2,044.12, representing compensation for satisfaction of the Commonwealth of Pennsylvania Medicaid lien, payable jointly to petitioners and to: Commonwealth of Pennsylvania Department of Human Services Bureau of Program Integrity P.O. Box 8486 Harrisburg, PA 17105 CIS#: 830170479 Petitioners agree to endorse this payment to the Commonwealth of Pennsylvania. Respectfully submitted, JOSEPH H. HUNT Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division 1 Should petitioner die prior to the 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 1:18-vv-00193-UNJ Document 37 Filed 06/21/19 Page 5 of 5 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ Traci R. Patton TRACI R. PATTON 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) 353-1589 Dated: April 12, 2019