K.E. v. HHS - Meningococcal, vasovagal syncope (2022)

Kathy and Jeremy Emrich, parents of minor child K.E., filed a petition for compensation under the National Vaccine Injury Compensation Program on July 28, 2021. They alleged that K.E. suffered vasovagal syncope as a result of receiving a meningococcal vaccination on June 9, 2020.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 26, 2021, conceding that K.E.'s injury was compensable under the Vaccine Injury Table. The respondent noted that the injury met the criteria for vasovagal syncope and that K.E. 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 July 28, 2021, finding K.E. entitled to compensation.

Subsequently, on August 24, 2022, the parties submitted a proffer on the award of compensation. The Chief Special Master issued a decision on damages on September 26, 2022.

The award included a lump sum payment of $12,238.60 to satisfy a South Carolina Medicaid lien, payable jointly to Petitioners and Equian. Additionally, a lump sum payment of $9,000.00 was awarded to Petitioners for future medical expenses and partial pain and suffering.

The remaining compensation, $96,000.00, was designated to purchase an annuity for all remaining pain and suffering. The annuity was to provide payments of $24,000.00 per year for four years certain, beginning on the first anniversary of the judgment date, followed by a certain lump sum of $5,249.42 on the anniversary of the judgment in year 2027.

The total award amounted to $117,238.60. Petitioner counsel was Alison H.

Haskins of Maglio Christopher and Toale, PA, and respondent counsel was Benjamin P. Warder of the U.S.

Department of Justice. Chief Special Master Brian H.

Corcoran presided over the case.