R.S. v. HHS - HPV, vasovagal syncope resulting in hearing loss from a temporal skull fracture (2022)

On May 15, 2019, Riley Schubert, a minor at the time, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that on September 12, 2016, he received a human papillomavirus (HPV) vaccine, and within an hour, experienced vasovagal syncope.

This event resulted in a temporal skull fracture and subsequent hearing loss, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, filed a report on November 19, 2019, conceding that the petitioner was entitled to compensation.

The respondent acknowledged that the vasovagal syncope met the criteria of a "Table injury" under the Vaccine Injury Table, with onset within the specified timeframe after the HPV vaccination and no evidence of an unrelated cause. On November 19, 2019, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement, finding the petitioner entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on December 21, 2021, the parties filed a joint stipulation for damages.

Chief Special Master Corcoran adopted this stipulation in a Decision issued on January 25, 2022. The award included a lump sum of $138,971.29 for pain and suffering and future medical expenses, payable to Riley Schubert.

Additionally, a lump sum of $37,039.28 for past unreimbursable expenses was awarded, payable jointly to Riley Schubert and his mother, Anne Marie Schubert. The total award was $176,010.29.

Petitioner was represented by Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and respondent was represented by Ronalda Elnetta Kosh of the U.S. Department of Justice.

The case was filed on November 19, 2019, and the final decision awarding damages was issued on January 25, 2022.