D.A. v. HHS - Tdap, vasovagal syncope episode (2019)

On December 3, 2018, Dolores De Alatorre Perez and Antonino Alatorre Gutierrez, as parents and natural guardians of their minor child D.A., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that D.A. suffered a vasovagal syncope episode after receiving a Tetanus Diphtheria acellular Pertussis (Tdap) and Meningococcal vaccine on June 22, 2017.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that D.A.'s injury met the criteria for a Table injury, specifically vasovagal syncope following the Tdap and Meningococcal vaccination, and that the injury resulted in more than six months of residual effects. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 8, 2019, finding D.A. entitled to compensation.

Subsequently, on August 9, 2019, the parties submitted a proffer of damages. The decision, issued on November 8, 2019, awarded D.A. a lump sum of $675.00 for past unreimbursable expenses, payable to Dolores De Alatorre Perez and Antonino Alatorre Guitierrez.

Additionally, an amount sufficient to purchase an annuity contract was awarded. This annuity contract includes a lump sum payment of $23,019.06 on October 20, 2023, a lump sum payment of $24,487.74 on October 20, 2025, and a lump sum payment of $26,678.24 on October 20, 2027.

The total compensation, including the lump sum for past expenses and the value of the annuity, was determined to cover all elements of compensation to which D.A. was entitled under the Vaccine Act. Petitioner counsel was Jeffrey S.

Pop of Jeffrey S. Pop & Associates.

Respondent counsel was Camille Michelle Collett of the U.S. Department of Justice.