VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00989 Package ID: USCOURTS-cofc-1_20-vv-00989 Petitioner: Gabrielle Natale Filed: 2020-12-21 Decided: 2021-02-23 Vaccine: meningococcal Vaccination date: 2019-04-25 Condition: syncope, a facial laceration and subsequent scarring Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Gabrielle Natale filed a petition for compensation under the National Vaccine Injury Compensation Program on August 7, 2020, alleging that she suffered syncope, a facial laceration, and subsequent scarring after receiving a meningococcal vaccine on April 25, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 21, 2020, conceding that Ms. Natale satisfied the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation, which afforded her a presumption of causation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 21, 2020, finding Ms. Natale entitled to compensation. Subsequently, on January 5, 2021, the respondent filed a proffer on award of compensation, recommending an award of $45,000.00 for pain and suffering, representing all types of compensation. The petitioner agreed with this proffered award. Chief Special Master Corcoran issued a decision on February 23, 2021, awarding Ms. Natale a lump sum payment of $45,000.00, payable to her, as compensation for all damages. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Julia Marter Collison of the U.S. Department of Justice. Theory of causation field: Petitioner Gabrielle Natale alleged injury consisting of syncope, a facial laceration, and subsequent scarring after receiving a meningococcal vaccine on April 25, 2019. The respondent conceded that the injury satisfied the criteria of the Vaccine Injury Table, affording petitioner a presumption of causation. The case was decided based on this concession and the respondent's proffer. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 21, 2020, finding petitioner entitled to compensation. On January 5, 2021, respondent filed a proffer recommending an award of $45,000.00 for pain and suffering, which petitioner accepted. Chief Special Master Corcoran issued a decision on February 23, 2021, awarding a lump sum of $45,000.00 to petitioner, representing compensation for all damages. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Julia Marter Collison. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00989-0 Date issued/filed: 2021-02-10 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/21/2020) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00989-UNJ Document 27 Filed 02/10/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0989V UNPUBLISHED GABRIELLE NATALE, Chief Special Master Corcoran Petitioner, Filed: December 21, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Meningococcal Vaccine; Vasovagal Syncope Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On August 7, 2020, Gabrielle Natale 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 “syncope, a facial laceration and subsequent scarring,” after receiving a meningococcal vaccine on April 25, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 21, 2020, 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 “it is [his] position that [P]etitioner has satisfied the criteria set forth in the recently revised Vaccine Injury Table (“Table”) and the 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 1:20-vv-00989-UNJ Document 27 Filed 02/10/21 Page 2 of 2 Qualifications and Aids to Interpretation (“QAI”) which afford [P]etitioner a presumption of causation.” Id. at 2-3. 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_20-vv-00989-1 Date issued/filed: 2021-02-23 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 01/05/2021) regarding 23 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00989-UNJ Document 28 Filed 02/23/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0989V UNPUBLISHED GABRIELLE NATALE, Chief Special Master Corcoran Petitioner, Filed: January 5, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Meningococcal Vaccine; Vasovagal Syncope Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On August 7, 2020, Gabrielle Natale 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 “syncope, a facial laceration and subsequent scarring,” after receiving a meningococcal vaccine on April 25, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 21, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her injury. On January 5, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $45,000.00, representing all types of compensation to be awarded to Petitioner. Proffer at 1. 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. 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 1:20-vv-00989-UNJ Document 28 Filed 02/23/21 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 $45,000.00 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 1:20-vv-00989-UNJ Document 28 Filed 02/23/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS GABRIELLE NATALE, Petitioner, No. 20-989V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 7, 2020, Gabrielle Natale (“petitioner”) filed a Petition for Compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”). 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she suffered “syncope, a facial laceration and subsequent scarring” upon receiving a meningococcal vaccine on April 25, 2019. See Petition at 1. On December 21, 2020, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act, and the Chief Special Master subsequently issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 19; ECF No. 20. I. Items of Compensation Respondent proffers that petitioner should be awarded $45,000.00 in actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:20-vv-00989-UNJ Document 28 Filed 02/23/21 Page 4 of 4 II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $45,000.00, representing compensation for all elements of economic and noneconomic damages, in the form of a check payable to petitioner, Gabrielle Natale. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Gabrielle Natale: $45,000.00 Respectfully submitted, JEFFREY BOSSERT CLARK Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Acting Deputy Director Torts Branch, Civil Division /s/ Julia M. Collison JULIA M. COLLISON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 305-0102 Dated: January 5, 2021 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. 2