VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01826
Package ID: USCOURTS-cofc-1_20-vv-01826
Petitioner: K.E.
Filed: 2021-07-28
Decided: 2022-09-26
Vaccine: meningococcal
Vaccination date: 2020-06-09
Condition: vasovagal syncope
Outcome: compensated
Award amount USD: 117238

AI-assisted case summary:
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.

Theory of causation field:
Petitioners Kathy and Jeremy Emrich, on behalf of minor K.E., alleged that K.E. suffered vasovagal syncope as a result of a meningococcal vaccination received on June 9, 2020. The respondent conceded that the injury was compensable under the Vaccine Injury Table, meeting the criteria for vasovagal syncope and resulting in more than six months of residual effects. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 28, 2021, finding K.E. entitled to compensation. A subsequent decision on damages was issued on September 26, 2022, awarding a total of $117,238.60. This included $12,238.60 for a South Carolina Medicaid lien, $9,000.00 as a lump sum for future medical expenses and partial pain and suffering, and $96,000.00 to purchase an annuity for remaining pain and suffering. The annuity was structured to pay $24,000.00 annually for four years certain, followed by a lump sum of $5,249.42 in 2027. Petitioners were represented by Alison H. Haskins, and Respondent was represented by Benjamin P. Warder. The theory of causation relied on the Vaccine Injury Table, with the respondent conceding entitlement based on the established criteria for vasovagal syncope.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01826-0
Date issued/filed: 2021-08-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/28/2021) regarding 18 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01826-UNJ Document 26 Filed 08/27/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1826V
UNPUBLISHED
KATHY EMRICH and JEREMY Chief Special Master Corcoran
EMRICH, on behalf of K.E.,
a minor child,
Filed: July 28, 2021
Petitioners,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Table Injury; Meningococcal;
HUMAN SERVICES, Vasovagal Syncope.
Respondent.
Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioners.
Benjamin P. Warder, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 11, 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 their minor child K.E. suffered vasovagal syncope
as a result of her receipt of a meningococcal vaccination on June 9, 2020. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 26, 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
the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation for a
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-01826-UNJ Document 26 Filed 08/27/21 Page 2 of 2
vasovagal syncope injury. Id. at 5. Respondent further agrees that K.E. experienced more
than six months of residual effects. Id.
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

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01826-1
Date issued/filed: 2022-09-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/24/2022) regarding 42 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-01826-UNJ Document 46 Filed 09/26/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1826V
UNPUBLISHED
KATHY EMRICH and JEREMY Chief Special Master Corcoran
EMRICH, on behalf of K.E.,
a minor child,
Filed: August 24, 2022
Petitioners,
v. Special Processing Unit (SPU);
Damages Decision based on Proffer;
SECRETARY OF HEALTH AND Meningococcal Vaccine; Vasovagal
HUMAN SERVICES, Syncope.
Respondent.
Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioners.
Benjamin P. Warder, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On December 11, 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 their minor child K.E. suffered vasovagal syncope
as a result of her receipt of a meningococcal vaccination on June 9, 2020. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
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), 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-01826-UNJ Document 46 Filed 09/26/22 Page 2 of 7
On July 28, 2021, a ruling on entitlement was issued, finding that Petitioners on
behalf of K.E. were entitled to compensation for K.E.’s episode of vasovagal syncope. On
August 24, 2022, Respondent filed a proffer on award of compensation. Proffer at 1-2. In
the Proffer, Respondent represented that Petitioners agrees with the proffered award. Id.
Based on the record as a whole, I find that Petitioners are entitled to an award as stated
in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award:
A. A lump sum payment of $12,238.60, representing compensation for
satisfaction of the State of South Carolina Medicaid lien, in the form of a
check payable jointly to Petitioners and:
Equian
ATTN: Nicole Gulley
P.O. Box 182643
Columbus, OH 43218
Equian Event Number: 68721966
Petitioners agree to endorse the check to Equian for satisfaction of the
Medicaid lien.
B. A lump sum payment of $9,000.00 (representing future medical expenses
and partial pain and suffering) in the form of a check payable to
Petitioners; and
C. An amount of $96,000.00 to purchase the annuity (representing all
remaining pain and suffering) described in the Proffer at Section II.B.
These amounts represent 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-01826-UNJ Document 46 Filed 09/26/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
KATHY EMRICH and JEREMY )
EMRICH, on behalf of K.E., )
a minor child, )
)
Petitioners, )
) No. 20-1826V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Procedural History
On July 23, 2021, respondent filed a Vaccine Rule 4(c) report concluding that
petitioners’ child, K.E., suffered an injury that is compensable under the National Childhood
Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34, that is, an episode of
vasovagal syncope, as defined in the Vaccine Injury Table. ECF No. 17. Accordingly, on July
28, 2021, the Chief Special Master issued a Ruling on Entitlement. ECF No. 18.
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers, and the parties recommend,
that compensation be made through lump sum and future annuity payments as described below
and requests that the Chief Special Master’s decision and the Court’s judgment award the
following:1
1 Should K.E. 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 medical
expenses, future lost earnings, and future pain and suffering.
1

Case 1:20-vv-01826-UNJ Document 46 Filed 09/26/22 Page 4 of 7
A. Medicaid Lien
Respondent proffers that petitioners should be awarded funds to satisfy the State of South
Carolina Medicaid lien in the amount of $12,238.60, which represents full satisfaction of any
right of subrogation, assignment, claim, lien, or cause of action the State of South Carolina may
have against any individual as a result of any Medicaid payments the State of South Carolina has
made to or on behalf of K.E. from the date of her eligibility for benefits through the date of
judgment in this case as a result of K.E.’s alleged vaccine-related injury suffered on or about
June 9, 2020, under Title XIX of the Social Security Act.
B. Pain and Suffering and Future Medical Expenses
For future medical expenses and partial pain and suffering, respondent proffers that
petitioners should be awarded a lump sum payment of $9,000.00. Petitioners agree.
For all remaining pain and suffering, an amount not to exceed the sum of $96,000.00 to
purchase an annuity contract,2 paid to the life insurance company3 from which the annuity will
2 In respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
3 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have
one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
2

Case 1:20-vv-01826-UNJ Document 46 Filed 09/26/22 Page 5 of 7
be purchased,4 subject to the conditions described below. The annuity contract will be owned
solely and exclusively by the Secretary of Health and Human Services and will provide
payments to K.E. as set forth below:
Beginning on the first anniversary of the date of judgment, $24,000.00 per year for
four (4) years certain. Then, on the anniversary of the date of judgment in year
2027, a certain lump sum of $5,249.42.
The purchase price of the annuity described in this section II.B. shall neither be greater
nor less than $96,000.00. In the event that the cost of the certain annuity payments set forth
above varies from $96,000.00, the certain lump sum due on the anniversary of the date of
judgment in year 2027, listed above, shall be adjusted to ensure that the total cost of the annuity
is neither less than nor greater than $96,000.00. Should K.E. predecease any of the certain
annuity payments set forth above, said payments shall be made to her estate. Written notice to
the Secretary of Health and Human Services and to the Life Insurance Company shall be
provided within twenty (20) days of K.E.’s death.
The amounts set forth in sections II.A. and II.B. represent all elements of compensation
to which K.E. would be entitled under 42 U.S.C. § 300aa-15(a). Petitioners agree.5
4 Petitioners authorize the disclosure of certain documents filed by the petitioners in this case
consistent with the Privacy Act and the routine uses described in the National Vaccine Injury
Compensation Program System of Records, No. 09-15-0056.
5 At the time the first annuity payment set forth in section II.B. is received, K.E. will be an adult,
and thus guardianship is not required.
3

Case 1:20-vv-01826-UNJ Document 46 Filed 09/26/22 Page 6 of 7
III. Summary of Recommended Payments Following Judgment
A. A lump sum payment of $12,238.60, representing compensation for satisfaction
of the State of South Carolina Medicaid lien, in the form of a check payable
jointly to petitioners and:
Equian
Attn: Nicole Gulley
P.O. Box 182643
Columbus, Ohio 43218
Equian Event Number: 68721966
Petitioners agree to endorse the check to Equian for satisfaction of the Medicaid lien;
B. A lump sum payment of $9,000.00 in the form of a check payable to petitioners;
and
C. An amount of $96,000.00 to purchase the annuity contract described above in
section II.B.
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
4

Case 1:20-vv-01826-UNJ Document 46 Filed 09/26/22 Page 7 of 7
/s/ Benjamin P. Warder
BENJAMIN P. WARDER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
Direct Dial: (202) 532-5464
Email: Benjamin.P.Warder@usdoj.gov
DATE: August 24, 2022
5