VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00627 Package ID: USCOURTS-cofc-1_19-vv-00627 Petitioner: Tyler Anthony Thacker Filed: 2019-10-09 Decided: 2020-01-07 Vaccine: HPV Vaccination date: 2016-04-30 Condition: vasovagal syncope Outcome: compensated Award amount USD: 56814 AI-assisted case summary: Tyler Anthony Thacker filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered vasovagal syncope as a result of a human papillomavirus (HPV) vaccination administered on April 30, 2016. The respondent conceded that petitioner was entitled to compensation, noting that the onset of vasovagal syncope occurred within one hour of the vaccination and there was no other apparent alternative cause. The respondent further agreed that petitioner experienced residual effects for more than six months, meeting the statutory requirements for entitlement. A ruling on entitlement was issued on October 9, 2019, finding petitioner entitled to compensation. On December 5, 2019, the respondent filed a proffer on award of compensation, proposing an award of $56,814.42, which included $50,000 for pain and suffering, $1,864.00 for unreimbursed medical expenses, and $4,950.42 for future medical expenses. Petitioner agreed with this award. The Chief Special Master issued a decision awarding damages on January 7, 2020, granting the lump sum payment of $56,814.42 to the competent adult petitioner. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00627-0 Date issued/filed: 2019-12-06 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/09/2019) regarding 17 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00627-UNJ Document 21 Filed 12/06/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-627V Filed: October 9, 2019 UNPUBLISHED TYLER ANTHONY THACKER, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Human Papillomavirus SECRETARY OF HEALTH AND (HPV) Vaccine; Vasovagal Syncope HUMAN SERVICES, Respondent. Henry Domenick Acciani, O’Connor, Acciani & Levy, Cincinnati, OH, for petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Corcoran, Chief Special Master: On April 29, 2019, 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 he suffered vasovagal syncope as the result of a human papilloma quadrivalent virus (HPV) vaccination administered on April 30, 2016. 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. 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-00627-UNJ Document 21 Filed 12/06/19 Page 2 of 2 On October 8, 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 indicates that petitioner’s onset of vasovagal syncope occurred within one hour of his HPV vaccination and there is no other apparent alternative cause. Id. at 3-4. Respondent further agrees that petitioner experienced the residual effects of his condition for more than six months and has met the statutory requirements for entitlement to compensation under the Vaccine Act. Id at 4. 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/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-00627-1 Date issued/filed: 2020-01-07 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 12/06/2019) regarding 20 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00627-UNJ Document 23 Filed 01/07/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-627V UNPUBLISHED TYLER ANTHONY THACKER, Chief Special Master Corcoran Petitioner, Filed: December 6, 2019 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Decision Awarding Damages; Pain HUMAN SERVICES, and Suffering; Human Papillomavirus (HPV) Vaccine; Vasovagal Syncope Respondent. Henry Domenick Acciani, O’Connor, Acciani & Levy, Cincinnati, OH, for petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On April 29, 2019, Tyler Anthony Thacker 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 vasovagal syncope as the result of a human papilloma quadrivalent virus (HPV) vaccination administered on April 30, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 9, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for vasovagal syncope. On December 5, 2019, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $$56,814.42, which is comprised of damages for pain and suffering in the amount of $50,000, damages for unreimbursed out-of-pocket medical expenses in the amount of 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-00627-UNJ Document 23 Filed 01/07/20 Page 2 of 4 $1,864.00, and damages for future medical expenses in the amount of $4,950.42. Proffer at 1. 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. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $56,814.42 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-00627-UNJ Document 23 Filed 01/07/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS TYLER ANTHONY THACKER, Petitioner, No. 19-627V Chief Special Master Corcoran v. SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items On October 8, 2019, respondent concededed that entitlement to compensation was appropriate under the terms of the Vaccine Act. Thereafter, on October 9, 2019, Chief Special Master Corcoran issued a Ruling on Entitlement finding that petitioner was entitled to vaccine compensation for his vasovagal syncope that occurred within one hour of HPV vaccination. Based on the evidence of record, respondent proffers that petitioner should be awarded $56,814.42, which is comprised of damages for pain and suffering in the amount of $50,000.00, damages for unreimbursed out-of-pocket medical expenses in the amount of $1,864.00, and damages for future medical expenses in the amount of $4,950.42. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. 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 lost earnings and future pain and suffering. Case 1:19-vv-00627-UNJ Document 23 Filed 01/07/20 Page 4 of 4 II. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $56,814.42, 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, 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 s/ Mallori B. Openchowski MALLORI B. OPENCHOWSKI Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel.: (202) 305-0660 DATED: December 5, 2019