VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01846
Package ID: USCOURTS-cofc-1_18-vv-01846
Petitioner: D.A.
Filed: 2018-12-03
Decided: 2019-11-08
Vaccine: Tdap
Vaccination date: 2017-06-22
Condition: vasovagal syncope episode
Outcome: compensated
Award amount USD: 675

AI-assisted case summary:
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.

Theory of causation field:
Petitioner D.A. received a Tdap and Meningococcal vaccine on June 22, 2017. The alleged injury was a vasovagal syncope episode. The respondent conceded that the 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. The Special Processing Unit of the Office of Special Masters, under Chief Special Master Nora Beth Dorsey, issued a ruling on entitlement on July 8, 2019, finding D.A. entitled to compensation. A subsequent decision on November 8, 2019, awarded compensation based on a proffer of damages. The award included a lump sum of $675.00 for past unreimbursable expenses and an amount sufficient to purchase an annuity contract. The annuity contract includes specific lump sum payments on October 20, 2023 ($23,019.06), October 20, 2025 ($24,487.74), and October 20, 2027 ($26,678.24). Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Camille Michelle Collett. The theory of causation relied on the Vaccine Injury Table criteria for vasovagal syncope.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01846-0
Date issued/filed: 2019-10-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/08/2019) regarding 13 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-01846-UNJ Document 25 Filed 10/17/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1846V
Filed: July 8, 2019
UNPUBLISHED
DOLORES DE ALATORRE PEREZ, as
Mother and Natural Guardian of Minor,
D.A., and ANTONINO ALATORRE Special Processing Unit (SPU);
GUTIERREZ, as Father and Natural of Ruling on Entitlement; Concession;
Minor, D.A., Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
Petitioner, Meningococcal Vaccine; Vasovagal
v. Syncope
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 3, 2018, 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 DA suffered a syncopal episode upon receiving a
Tetanus Diphtheria acellular Pertussis (“Tdap”) and Meningococcal vaccines on June
22, 2017. 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.

Case 1:18-vv-01846-UNJ Document 25 Filed 10/17/19 Page 2 of 2
On July 5, 2019, 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 concluded that petitioner has satisfied the criteria set forth in
the recently revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (“QAI”) related to a vasovagal syncope episode after a Tdap and
meningococcal vaccination. Id. at 6. 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

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01846-1
Date issued/filed: 2019-11-08
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 08/13/2019) regarding 19 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-01846-UNJ Document 29 Filed 11/08/19 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1846V
Filed: August 13, 2019
UNPUBLISHED
DOLORES DE ALATORRE PEREZ, as
Mother and Natural Guardian of Minor,
D.A., and ANTONINO ALATORRE
Special Processing Unit (SPU);
GUTIERREZ, as Father and Natural
Damages Decision Based on Proffer;
Guardian of Minor, D.A.
Tetanus Diphtheria acellular
Petitioner,
Pertussis (Tdap) Vaccine;
v.
Meningococcal Vaccine; Vasovagal
Syncope
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, Wellesley Hills, MA, for
petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 3, 2018, Dolores De Alatorre Perez (as mother and natural
guardian of minor D.A.) and Antonino Alatorre Guitierrez (as father and natural guardian
of minor D.A.) (“petitioner’s”), filed a petition on behalf of D.A., a minor, for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act”). Petitioners allege that D.A. suffered a
syncopal episode upon receiving Tetanus Diphtheria acellular Pertussis (“Tdap”) and
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-01846-UNJ Document 29 Filed 11/08/19 Page 2 of 6
Meningococcal vaccines on June 22, 2017. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On July 8, 2019, a ruling on entitlement was issued, finding petitioners entitled to
compensation for vasovagal syncope episode. On August 9, 2019, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioners should be awarded
$675.00 for past unreimbursable expenses and an amount sufficient to purchase an
annuity described in the Proffer at Section II.B. Proffer at 2. In the Proffer, respondent
represented that petitioners agree 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 of $675.00 representing past unreimbursable expenses
in the form of a check payable to petitioners, Dolores De Alatorre
Perez (as mother and natural guardian of minor D.A.) and Antonino
Alatorre Guitierrez (as father and natural guardian of minor D.A.); and
• An amount sufficient to purchase the annuity contract described in
the Proffer at Section II.B.
This amount represents all elements of compensation to which D.A. would be entitled
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-01846-UNJ Document 29 Filed 11/08/19 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
DOLORES DE ALATORRE PEREZ, as )
mother and natural guardian of minor, D.A., )
and ANTONINO ALATORRE )
GUTIERREZ, as father and natural guardian )
of minor, D.A., )
)
Petitioners, ) No. 18-1846V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Procedural History
On December 3, 2018, petitioners filed a petition for compensation (“petition”) under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended.
Petitioners allege that, as a result of receiving the Tetanus Diphtheria acellular Pertussis (“Tdap”)
and Meningococcal vaccines on June 22, 2017, D.A. suffered a syncopal episode. Petition at 1.
On July 5, 2019, respondent filed his Vaccine Rule 4(c) report, conceding that D.A.’s alleged
injury meets the revised Table criteria for vasovagal syncope episode after a Tdap and
Meningococcal vaccination. On July 8, 2019, the Chief Special Master issued a ruling on
entitlement, finding that petitioner was entitled to compensation for D.A., in that she met the
revised Table criteria for vasovagal syncope episode after receiving a Tdap and Meningococcal
vaccination.
1

Case 1:18-vv-01846-UNJ Document 29 Filed 11/08/19 Page 4 of 6
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers, and the parties recommend, that
compensation be made through a lump sum and future annuity payments as described below, and
request that the Chief Special Master's decision and the Court's judgment award the following:1
A. Past Unreimbursable Expenses
Evidence supplied by petitioners documents their expenditure of past unreimbursable
expenses related to D.A.'s vaccine-related injury. Respondent proffers that petitioners should be
awarded past unreimbursable expenses in the amount of $675.00. Petitioners agree.
B. Annuity
An amount sufficient to purchase an annuity contract,2 paid to the life insurance
company3 from which the annuity will be purchased,4 subject to the conditions described below,
that will provide payments to D.A. as set forth below:
1 Should D.A. 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 medical expenses, future lost earnings, and
future pain and suffering.
2 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life
insurance companies.
3 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of
any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings
from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or
AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA,
AA+, or AAA.
4 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case consistent
with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System
of Records, No. 09-15-0056.
2

Case 1:18-vv-01846-UNJ Document 29 Filed 11/08/19 Page 5 of 6
1. $23,019.06 payable in a certain lump sum on October 20, 2023.
2. $24,487.74 payable in a certain lump sum on October 20, 2025.
3. $26,678.24 payable in a certain lump sum on October 20, 2027.
Should D.A. predecease any of the certain payments set forth above, said payments shall be
made to her estate. Written notice to the Secretary of Health and Human Services and to the Life
Insurance Company shall be provided within twenty (20) days of D.A.’s death.
This amount represents all elements of compensation to which D.A. would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioners agree.5
II. Summary of Recommended Payments Following Judgment
A. Past unreimbursable expenses: $675.00
B. An amount sufficient to purchase the annuity contract described
above in section I. B.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
5 At the time payment is received, D.A. will be an adult, and thus guardianship is not required.
3

Case 1:18-vv-01846-UNJ Document 29 Filed 11/08/19 Page 6 of 6
/s/Camille M. Collett
CAMILLE M. COLLETT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Dated: August 9, 2019 Tel: (202) 616-4098
4