VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00565
Package ID: USCOURTS-cofc-1_19-vv-00565
Petitioner: Ashish Dave
Filed: 2019-11-25
Decided: 2021-06-14
Vaccine: meningococcal
Vaccination date: 2018-06-26
Condition: vasovagal syncope
Outcome: compensated
Award amount USD: 62738

AI-assisted case summary:
Ashish Dave filed a petition for compensation under the National Vaccine Injury Compensation Program on November 25, 2019, alleging he suffered vasovagal syncope as a result of a meningococcal vaccine administered on June 26, 2018. The respondent conceded that Mr. Dave was entitled to compensation, as his condition met the criteria set forth in the Vaccine Injury Table, specifically that vasovagal syncope occurred within one hour of vaccination and there was no evidence of other conditions that could explain the loss of consciousness. The respondent also confirmed that Mr. Dave experienced residual effects for more than six months. A ruling on entitlement was issued on November 25, 2019, finding him entitled to compensation. Subsequently, on May 13, 2021, the parties submitted a proffer for an award of compensation. The court awarded Mr. Dave a total of $62,738.58, which included $40,000.00 for pain and suffering, $6,642.31 for unreimbursed medical expenses, $525.00 for lost wages, and $15,571.27 for future medical care. This award was made as a lump sum payment to Mr. Dave, who is a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00565-0
Date issued/filed: 2020-01-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/25/2019) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00565-UNJ Document 27 Filed 01/06/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-565V
UNPUBLISHED
ASHISH DAVE, Chief Special Master Corcoran
Petitioner, Filed: November 25, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Meningococcal Vaccine;
Vasovagal Syncope
Respondent.
Kayleigh Kristine Smith, Greenwood Law Firm, Houston, TX, for petitioner.
Mark Hellie, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On April 16, 2019, Ashish Dave 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 he suffered from an episode of vasovagal
syncope as a result of a meningococcal vaccine administered on June 26, 2018.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On November 24, 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 concludes that “petitioner has satisfied the
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I will redact such
material from public access.
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 1:19-vv-00565-UNJ Document 27 Filed 01/06/20 Page 2 of 2
criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to
Interpretation, which afford petitioners a presumption of causation if onset the of
vasovagal syncope occurs within one hour after a meningococcal vaccination and there
is no ‘organic heart disease, cardiac arrhythmias, transient ischemic attacks,
hyperventilation, metabolic conditions, neurological conditions, [or] seizures,’ from which
the loss of consciousness could have resulted from.” Id. at 4. Respondent further
agrees that Petitioner has experienced the residual effects of his syncopal episode for
more than six months. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-00565-1
Date issued/filed: 2021-06-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/13/2021) regarding 51 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00565-UNJ Document 52 Filed 06/14/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-565V
UNPUBLISHED
ASHISH DAVE, Chief Special Master Corcoran
Petitioner, Filed: May 13, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Meningococcal Vaccine; Vasovagal
Syncope
Respondent.
Sean Franks Greenwood, Greenwood Law Firm, Houston, TX, for petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On April 16, 2019, Ashish Dave 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 he suffered from an episode of vasovagal syncope as a result
of a meningococcal vaccine administered on June 26, 2018. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On November 25, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On May 13, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $62,738.58. Proffer at
2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated
in the Proffer.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I will redact such material from
public access.
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 1:19-vv-00565-UNJ Document 52 Filed 06/14/21 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $62,738.58 (representing compensation in the amount of
$40,000.00 for pain and suffering; $6,642.31 for unreimbursed, out-of-pocket
medical expenses; $525.00 for lost wages; and $15,571.27 in future medical care)
in the form of a check payable to Petitioner. This amount represents 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/Brian H. Corcoran
Brian H. Corcoran
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 1:19-vv-00565-UNJ Document 52 Filed 06/14/21 Page 3 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
ASHISH DAVE,
Petitioner,
Case No. 19-565V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On November 24, 2019, respondent filed a Vaccine Rule 4(c) report concluding
that Ashish Dave (“petitioner”) suffered an injury that is compensable under the National
Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34 (“the
Act”). Accordingly, on November 25, 2019, the Chief Special Master issued a Ruling on
Entitlement, finding that petitioner was entitled to compensation under the Act.
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $62,738.58. The award is comprised of the following: $40,000.00 for pain and
suffering; $6,642.31 for unreimbursed, out-of-pocket medical expenses; $525.00 for lost
wages; and $15,571.27 in future medical care. This amount represents all elements of

Case 1:19-vv-00565-UNJ Document 52 Filed 06/14/21 Page 4 of 5
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)
regarding his June 26, 2018, meningococcal vaccination. Petitioner agrees.1
III. Form of the Award
The parties recommend that compensation provided to petitioner should be made
through a lump sum payment of $62,738.58, in the form of a check payable to petitioner.
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
1 Should petitioner 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

Case 1:19-vv-00565-UNJ Document 52 Filed 06/14/21 Page 5 of 5
s/ Mark K. Hellie
MARK K. HELLIE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 616-4208
E: mark.hellie@usdoj.gov
DATED: May 13, 2021
3