C.H. v. HHS - Meningococcal, syncopal episode leading to a severe laceration and a fractured mandible (2021)

On November 1, 2019, Chloe Hietpas, a minor, through her mother Colleen Hietpas as next friend, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that C.H. suffered a syncopal episode leading to a severe laceration and a fractured mandible as a result of two meningococcal vaccinations administered on July 30, 2019.

Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 12, 2020, conceding that C.H. suffered a Table injury, specifically vasovagal syncope, and was entitled to compensation. Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on February 14, 2020. The parties subsequently engaged in discussions to resolve the quantum of damages, agreeing on compensation for unreimbursable expenses but reaching an impasse on pain and suffering.

Petitioner Hietpas turned 18 on November 14, 2020, and was substituted as the petitioner in the case on December 10, 2020. A hearing was held on December 11, 2020, and Chief Special Master Corcoran issued a decision awarding damages on February 23, 2021.

The medical history indicates that on July 30, 2019, C.H., then 16 years old, received two meningococcal vaccines. Shortly after the second vaccination, she passed out, falling and hitting her chin.

She reported jaw and lower teeth discomfort, and an examination revealed a laceration on her chin, which was closed with sutures, and a gap in her lower teeth. Later that day, an x-ray revealed a midline symphysis fracture with mild displacement and a nondisplaced right condylar head fracture.

She underwent surgery for open reduction with internal fixation of her mandible and re-suturing of her chin laceration. Post-surgical appointments showed good healing, but she later reported upper right jaw pain, assessed as teeth clenching or grinding.

She also experienced right ear pressure and intermittent difficulty chewing hard foods. An examination revealed anterior displaced disc with reduction on the right side.

She underwent physical therapy and was later fitted with an intraoral splint by Dr. Daniel E.

Taché for TMJ displacement. Dr.

Taché's report indicated that the splint was intended to reposition the condyles of the mandible and that treatment could extend eight-to-twelve months. Petitioner also reported emotional distress related to the chin scar and missed activities.

The Special Master awarded $140,000.00 for actual pain and suffering and $15,544.26 for past unreimbursable expenses, totaling $155,544.26. The award for pain and suffering incorporated the physical and emotional impact of the injury, including surgical intervention, ongoing treatment, and permanent scarring.

The Special Master found that separate awards for emotional distress and future pain and suffering were not warranted, as these elements were accounted for within the general pain and suffering award. The decision was issued by Chief Special Master Brian H.

Corcoran. Petitioner's counsel was John Robert Howie, Jr. of Howie Law, PC.

Respondent's counsel was Ryan Daniel Pyles of the U.S. Department of Justice.