E.D. v. HHS - Influenza, vasovagal syncope and dental factures (2020)

Tatiana Dautkhanova and Ruslan Dautkhanov, on behalf of their minor daughter E.D., filed a petition for compensation under the National Vaccine Injury Compensation Program on September 19, 2018. They alleged that E.D. received an influenza vaccination on December 9, 2017, and subsequently suffered from vasovagal syncope and dental fractures.

The case was assigned to the Special Processing Unit. On April 8, 2019, the respondent filed a Rule 4(c) report conceding that E.D. was entitled to compensation for a Table injury.

A ruling on entitlement was issued on April 10, 2019, by Chief Special Master Nora Beth Dorsey, finding E.D. entitled to compensation. On January 28, 2020, the respondent filed a proffer on award of compensation, recommending a total award of $92,990.16.

This amount included $70,000.00 for pain and suffering, $21,000.00 for future medical expenses (reduced to present value), and $1,990.16 for past unreimbursable expenses. The petitioners agreed with the proffered award.

On March 9, 2020, Chief Special Master Brian H. Corcoran issued a decision awarding the recommended compensation.

The award consisted of a lump sum of $91,000.00 payable to petitioners as court-appointed guardians for the benefit of E.D., contingent upon documentation of their guardianship, and a lump sum of $1,990.16 for past unreimbursable expenses, payable directly to petitioners. Petitioners were represented by Danielle Strait of Maglio Christopher & Toale, PA, and the respondent was represented by Alexis B.

Babcock of the U.S. Department of Justice.