N.L. v. HHS - HPV, vasovagal syncope (2022)
Case summary [AI summaries can sometimes make mistakes]
Maurice and Susan Lewis, on behalf of their minor daughter N.L., filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2020. They alleged that N.L. suffered a syncopal episode, specifically vasovagal syncope, as a result of a human papillomavirus (HPV) vaccine administered on September 14, 2018.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 9, 2021, conceding that N.L. was entitled to compensation. The respondent concluded that the petitioners had satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a vasovagal syncope injury, and that N.L. experienced more than six months of residual effects.
Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 12, 2021, finding N.L. entitled to compensation.
Subsequently, on April 19, 2022, the respondent filed a proffer on an award of compensation, which the petitioner agreed to. In a decision dated May 23, 2022, Chief Special Master Corcoran awarded N.L. a lump sum payment of $70,700.60.
This award represented $70,000.00 for pain and suffering and $700.60 for past unreimbursable expenses. The decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.
Petitioner counsel was Miriam A. Johnson of Berman & Simmons, P.A.
Respondent counsel was Emily H. Manoso of the U.S.
Department of Justice.
Theory of causation
N.L. received an HPV vaccine on September 14, 2018. The petitioner alleged a syncopal episode, specifically vasovagal syncope, as a result of the vaccine. The respondent conceded that the injury, vasovagal syncope, was a Table injury and that N.L. experienced more than six months of residual effects. The respondent's Rule 4(c) report concluded that the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation were satisfied. No specific medical experts were named in the provided text. The case resulted in a ruling on entitlement on April 12, 2021, by Chief Special Master Brian H. Corcoran, finding N.L. entitled to compensation. A subsequent decision on May 23, 2022, awarded N.L. $70,700.60, consisting of $70,000.00 for pain and suffering and $700.60 for past unreimbursable expenses, based on a proffer agreed to by the parties. Petitioner counsel was Miriam A. Johnson, and respondent counsel was Emily H. Manoso.
Source PDFs
USCOURTS-cofc-1_20-vv-01376