VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00715
Package ID: USCOURTS-cofc-1_19-vv-00715
Petitioner: R.S.
Filed: 2019-11-19
Decided: 2022-01-25
Vaccine: HPV
Vaccination date: 2016-09-12
Condition: vasovagal syncope resulting in hearing loss from a temporal skull fracture
Outcome: compensated
Award amount USD: 176010

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Riley Schubert, a minor, received an HPV vaccine on September 12, 2016. Within an hour of vaccination, he experienced vasovagal syncope, which resulted in a temporal skull fracture and subsequent hearing loss, with residual effects lasting over six months. The respondent conceded entitlement, acknowledging that the vasovagal syncope was a Table injury with onset within the Vaccine Injury Table's specified timeframe and that there was no evidence of an unrelated cause. The public decision does not describe the specific mechanism of injury or name any medical experts. The case was resolved via a joint stipulation on damages. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a total of $176,010.29: $138,971.29 for pain and suffering and future medical expenses, and $37,039.28 for past unreimbursable expenses. The petition was filed on November 19, 2019, and the decision was issued on January 25, 2022. Petitioner was represented by Diana Lynn Stadelnikas, and respondent by Ronalda Elnetta Kosh.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00715-0
Date issued/filed: 2019-12-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/19/2019) 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-00715-UNJ Document 24 Filed 12/30/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0715V
UNPUBLISHED
ANNE M. SCHUBERT on behalf of Chief Special Master Corcoran
R.S., a minor child,
Filed: November 19, 2019
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Table Injury; Human Papillomavirus
HUMAN SERVICES, (HPV) Vaccine; Vasovagal Syncope
Respondent.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On May 15, 2019, Anne M. Schubert, on behalf of R.S., a minor child, 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 R.S. suffered a
vasovagal syncope upon receiving the human papillomavirus (“HPV”) vaccine on
September 12, 2016, resulting in hearing loss from a temporal skull fracture. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
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-00715-UNJ Document 24 Filed 12/30/19 Page 2 of 2
On November 19, 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 states that “petitioner[] ha[s] satisfied the
criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (“QAI”), which afford petitioners a presumption of causation because the
onset of R.S.’s vasovagal syncope occurred within one hour after the HPV vaccination
and there is not alternative cause. Id. at 3-4. Respondent further agrees that R.S.
experienced more than six months of residual effects of his vasovagal syncope. Id. at
4.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-00715-1
Date issued/filed: 2022-01-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/23/2021) regarding 56 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00715-UNJ Document 60 Filed 01/25/22 Page 1 of 7
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0715V
UNPUBLISHED
RILEY SCHUBERT, Chief Special Master Corcoran
Petitioner, Filed: December 23, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Human
HUMAN SERVICES, Papillomavirus (HPV) Vaccine;
Vasovagal Syncope
Respondent.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 15, 2019, Riley Schubert2 filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Petitioner alleges that he suffered injuries, including vasovagal syncope
resulting in hearing loss from a temporal skull fracture, as a result of a human
papillomavirus (“HPV”) vaccine he received on September 12, 2016. Petition at 1-4;
Stipulation, filed at December 21, 2021, ¶¶ 1-4. Petitioner further alleges that his injury
lasted for more than six months. Petition at 3; Stipulation at ¶4. On November 19, 2019,
Respondent filed his report pursuant to Vaccine Rule 4(c) conceding that Petitioner is
entitled to compensation. ECF No. 19. On the same day, November 19, 2019, I entered
a Ruling on Entitlement finding that Petitioner is entitled to compensation. ECF No. 20.
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 The petition was originally filed by Anne Schubert on behalf of Riley Schubert, as Riley Schubert was a
minor at the time the petition was filed.
3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-00715-UNJ Document 60 Filed 01/25/22 Page 2 of 7
On December 21, 2021, the parties filed the attached joint stipulation, stating that
a decision should be entered awarding compensation. I find the stipulation reasonable
and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
a. A lump sum of $138,971.29 (for pain and suffering and future medical
expenses) in the form of a check payable to Petitioner. Stipulation at ¶ 8a.
b. A lump sum of $37,039.28 (for past unreimbursable expenses) in the form
of a check payable jointly to petitioner and his mother, Anne Marie
Schubert. Stipulation at ¶ 8b.
These amounts represent compensation for all items of damages that would be available
under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed
to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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-00715-UNJ Document 60 Filed 01/25/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
RILEY SCHUBERT, )
)
)
Pe titio ne r, )
) No.19-715V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. A petition for vaccine compensation was filed1 under the National Vaccine Injury
Compensation Program, 42 U.S.C. §§ 300aa-10 to-34 (the "Vaccine Program"), seeking
compensation for injuries allegedly related to petitioner's receipt of a human papillomavirus
("HPV") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3 (a).
2. Petitioner received the HPV vaccine on September 12, 2016.
3. The vaccination was administered within the United States.
4. Petitioner suffered a vasovagal syncope within the time period set forth in the Table
following receipt of the HPV vaccine, resulting in hearing loss from a temporal skull fracture,
and experienced the residual effects of his injury for more than six months.
1 The petition was filed by Anne Schubert, Riley's mother. On December 1, 2021, the Court
granted petitioner's November 29, 2021 Motion to Amend the Caption substituting Riley
Schubert as the petitioner in this case.

Case 1:19-vv-00715-UNJ Document 60 Filed 01/25/22 Page 4 of 7
5. There is not a preponderance of evidence demonstrating that petitioner's injury is due
to a factor unrelated to vaccination.
6. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his condition.
7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act
for his vasovagal syncope Table injury. Therefore, a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
a. A lump sum of $138,971.29 for pain and suffering and future medical
expenses, in the form of a check payable to petitioner; and
b. A lump sum of $37,039.28 for past unreimbursable expenses in the form
of a check payable jointly to petitioner and his mother, Anne Marie
Schubert.
These amounts represent compensation for all damages that are available under
42 U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
2

Case 1:19-vv-00715-UNJ Document 60 Filed 01/25/22 Page 5 of 7
I 0. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U .S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act(42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individua I capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the United States Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal irtjuries to or death of
3

Case 1:19-vv-00715-UNJ Document 60 Filed 01/25/22 Page 6 of 7
petitioner resulting from, or alleged to have resulted from, the HPV vaccination administered on
September 12, 2016, as alleged in a petition for vaccine compensation filed on or about May 15,
2019, in the United States Court of Federal Claims as petition No. 19-715V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to amount of
damages, and further, that a change in the nature of the injury or condition or in the items of
compensation sought, is not grounds to modify or revise this agreement.
17. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:19-vv-00715-UNJ Document 60 Filed 01/25/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
RITT~
ATTORNEYOFREcon-~:nJ
AUTHORIZED REPRF.SENTATIVE
PETITIONER:
OF THE ATTORNEY GENERAL:
~~~
D . S'Il ELNIKAS
HEATHER L. PEARLMAN
g1io Chmtopher & Toale, PA
Deputy Director
1605 Main Street, Suite 710
Torts Branch, Civil Division
Sarasota, Florida 34236
U.S. Department of Justice
dstadelnikas@mctlawyers.com
P.O.Box 146
Beajamii Franklin Station
Washington, DC 20044-0146
AUTHORI7.ED REPRESENTATIVE
ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH
RESPONDENT:
AND HUMAN SERVICES:
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TAMARA OVERBY
RONALDA E. KOSH
Acting Director, Division of Injny
Trial Attorney
Compensation Programs
Torts Branch
Health Systems Bureau
Civil Divilion
Heahh Resources and Servi:es
U.S. Department of Justice
Ad.nmmtration
P.O.Box 146
U.S. Department of Health
Benjamin Franklin Station
and Hwnan Services
Washington, DC 20044-0146
5600 Fishers Lane, 08Nl46B
rona.lda.kosh@~j.gov
Rockville, MD 20857
(202) 61~76
Ju-i
Dated:
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