VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01376 Package ID: USCOURTS-cofc-1_20-vv-01376 Petitioner: N.L. Filed: 2020-10-13 Decided: 2022-05-23 Vaccine: HPV Vaccination date: 2018-09-14 Condition: vasovagal syncope Outcome: compensated Award amount USD: 70700 AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01376-0 Date issued/filed: 2021-05-13 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/12/2021) regarding 18 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01376-UNJ Document 20 Filed 05/13/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1376V UNPUBLISHED MAURICE LEWIS and SUSAN LEWIS Chief Special Master Corcoran on behalf of N.L., a minor child, Filed: April 12, 2021 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. Miriam A. Johnson, Berman & Simmons, P.A., Lewiston, ME, for petitioners. Laurie Wiesner, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On October 13, 2020, Petitioners filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioners allege that N.L., their minor daughter, suffered a syncopal episode as a result of a human papillomavirus (“HPV”) vaccine administered on September 14, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 9, 2021, Respondent filed his Rule 4(c) report in which he concedes that Petitioners are entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent concludes that Petitioners have satisfied the criteria set forth in 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), Petitioners have 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-01376-UNJ Document 20 Filed 05/13/21 Page 2 of 2 the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation for a vasovagal syncope injury. Id. at 7-8. Respondent further agrees that N.L. experienced more than six months of residual effects. Id. at 8. In view of Respondent’s position and the evidence of record, I find that Petitioners are 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-01376-1 Date issued/filed: 2022-05-23 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 04/20/2022) regarding 41 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01376-UNJ Document 44 Filed 05/23/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1376V UNPUBLISHED N.L., Chief Special Master Corcoran Petitioner, v. Filed: April 20, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Damages Decision based on Proffer; Human Papillomavirus (HPV); Respondent. Vasovagal Syncope. Miriam A. Johnson, Berman & Simmons, P.A., Lewiston, ME, for Petitioner. Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 13, 2020, N.L. (“Petitioner”) 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 alleged she suffered a syncopal episode as a result of a human papillomavirus (“HPV”) vaccine administered on September 14, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 12, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On April 19, 2022, Respondent filed a proffer on an award of compensation (“Proffer”). In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-01376-UNJ Document 44 Filed 05/23/22 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $70,700.60 (representing $70,000.00 for pain and suffering, and $700.60 for past unreimbursed expenses) in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of 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-01376-UNJ Document 44 Filed 05/23/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS N.L., Petitioner, No. 20-1376V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 13, 2020, N.L. (“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 “injuries, including syncope,” upon receiving a human papillomavirus (“HPV”) vaccination on September 14, 2018. See Petition at 1. On April 9, 2021, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report concluding that petitioner suffered vasovagal syncope following HPV vaccination within the timeframe set forth in the Vaccine Injury Table. ECF No. 17. Accordingly, on April 12, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 18. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $70,700.60, for all damages, including $70,000.00 representative of pain and suffering, and $700.60 representative of past unreimbursable expenses related to her vaccine- Case 1:20-vv-01376-UNJ Document 44 Filed 05/23/22 Page 4 of 5 related injury. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 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 $70,760.60, representing compensation for all elements of economic and noneconomic damages, in the form of a check payable to petitioner, N.L. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, N.L.: $70,700.60 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA A. ENGLUND Assistant Director Torts Branch, Civil Division 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 Case 1:20-vv-01376-UNJ Document 44 Filed 05/23/22 Page 5 of 5 /s/ Emily H. Manoso EMILY H. MANOSO Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 305-3912 Email: Emily.H.Manoso@usdoj.gov Dated: April 19, 2022 3