VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00893 Package ID: USCOURTS-cofc-1_19-vv-00893 Petitioner: Autumn Morgan Filed: 2019-12-06 Decided: 2020-06-29 Vaccine: meningococcal Vaccination date: 2016-09-07 Condition: vasovagal syncope Outcome: compensated Award amount USD: 62983 AI-assisted case summary: Autumn Morgan filed a petition for vaccine injury compensation on December 6, 2019, alleging that she suffered vasovagal syncope as a result of influenza and meningococcal vaccines received on September 7, 2016. The respondent filed a Rule 4(c) report on December 2, 2019, conceding that Ms. Morgan was entitled to compensation. The respondent's report stated that the Division of Vaccine Injury Compensation Programs (DICP) determined that Ms. Morgan's medical course was consistent with vasovagal syncope following her flu and meningococcal vaccines on September 7, 2016, as defined by the Vaccine Injury Table. DICP did not identify other causes for her vasovagal syncope within one hour of vaccination, and records showed sequelae of her injury for more than six months after vaccination. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 6, 2019, finding Ms. Morgan entitled to compensation. Subsequently, on May 20, 2020, the respondent filed a proffer recommending an award of $62,983.82. This amount included $60,000.00 for pain and suffering and $2,983.82 for past unreimbursed expenses. The petitioner agreed with this proffered award. On June 29, 2020, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Ms. Morgan the stipulated amount of $62,983.82 as a lump sum payment. The decision was issued by Chief Special Master Brian H. Corcoran, with petitioner represented by Paul R. Brazil of Muller Brazil, LLP, and respondent represented by Colleen Clemons Hartley of the U.S. Department of Justice. Theory of causation field: Petitioner Autumn Morgan alleged vasovagal syncope as a result of influenza and meningococcal vaccines received on September 7, 2016. The respondent conceded entitlement, stating that the Division of Vaccine Injury Compensation Programs (DICP) determined her medical course was consistent with vasovagal syncope following the vaccines, as defined by the Vaccine Injury Table. DICP found no other causes for the syncope within one hour of vaccination, and the injury's sequelae lasted more than six months. The public decision does not describe specific medical experts, clinical details of the syncope, or the precise mechanism of injury. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 6, 2019, finding Ms. Morgan entitled to compensation. On May 20, 2020, respondent proffered an award of $62,983.82, consisting of $60,000.00 for pain and suffering and $2,983.82 for past unreimbursed expenses, which petitioner accepted. Chief Special Master Corcoran issued a Decision Awarding Damages on June 29, 2020, awarding the stipulated amount. Petitioner was represented by Paul R. Brazil, and respondent by Colleen Clemons Hartley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00893-0 Date issued/filed: 2020-01-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/06/2019) regarding 14 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00893-UNJ Document 16 Filed 01/07/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-893V UNPUBLISHED AUTUMN MORGAN, Chief Special Master Corcoran Petitioner, Filed: December 6, 2019 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Meningococcal Vaccine; Influneza (Flu) Vaccine; Vasovagal Respondent. Syncope Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On June 18, 2019, Autumn Morgan 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 she suffered “vasovagal syncope and resulting injuries, a ‘table injury,’ as a result of the influenza and meningococcal vaccines” she received on September 7, 2016,. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 2, 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 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-00893-UNJ Document 16 Filed 01/07/20 Page 2 of 2 DICP has determined that petitioner’s medical course is consistent with vasovagal syncope following her flu and Meningococcal vaccines on September 7, 2016 as defined by the Vaccine Injury Table. See 42 C.F.R. § 100.3(a). DICP did not identify any other causes for petitioner’s vasovagal syncope within one hour of her vaccinations, and records show that she suffered the sequela of her injury for more than six months after vaccination. Based on the medical records outlined above, petitioner has met the statutory requirements for entitlement to compensation. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D). Therefore, based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act. Id. at 6. 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-00893-1 Date issued/filed: 2020-06-29 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 05/21/2020) regarding 23 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00893-UNJ Document 29 Filed 06/29/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-893V UNPUBLISHED AUTUMN MORGAN, Chief Special Master Corcoran Petitioner, Filed: May 21, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Meningococcal Vaccine; Vasovagal Respondent. Syncope Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On June 18, 2019, Autumn Morgan filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., (the “Vaccine Act”). Petitioner alleges that she suffered vasovagal syncope as result of an influenza (“flu”) and meningococcal vaccines received on September 7, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 6, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for syncope. On May 20, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded damages in the amount $62,983.82, representing compensation in the amount of $60,000.00 for pain and suffering and $2,983.82 for past unreimbursed expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. 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. Case 1:19-vv-00893-UNJ Document 29 Filed 06/29/20 Page 2 of 4 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 $62,983.82 in the form of a check payable to Petitioner. This amount is comprised of pain and suffering ($60,000.00) and past unreimbursed expenses ($2,983.82), and 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.2 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 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-00893-UNJ Document 29 Filed 06/29/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) AUTUMN MORGAN, ) ) Petitioner, ) ) No. 19-893V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On June 18, 2019, Autumn Morgan (“petitioner”) filed a petition for vaccine injury compensation alleging that she suffered vasovagal syncope as result of an influenza (“flu”) and meningococcal vaccines administered on September 7, 2016. On December 2, 2019, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. On December 6, 2019, Chief Special Master Corcoran issued a Ruling on Entitlement finding that petitioner was entitled to compensation. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $62,983.82, consisting of pain and suffering ($60,000.00) and past unreimbursed expenses ($2,983.82), which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Respondent recommends that the compensation provided to petitioner be made through a 1 Case 1:19-vv-00893-UNJ Document 29 Filed 06/29/20 Page 4 of 4 lump sum payment of $62,983.82 in the form of a check payable to petitioner.1 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/ Colleen C. Hartley COLLEEN C. HARTLEY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-3644 Fax: (202) 353-2988 DATED: May 20, 2020 1 Should petitioner die prior to the entry of judgment, respondent reserves the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages. 2