Francisco Marcillo v. HHS - Tdap, vasovagal syncope (2023)

Francisco Marcillo filed a petition alleging he suffered a syncopal episode after receiving a Tdap vaccine on March 13, 2020. The respondent conceded entitlement, agreeing that Marcillo's vasovagal syncope was a Table injury with onset within one hour of vaccination and that he experienced more than six months of residual effects.

The case proceeded to a damages hearing as the parties could not agree on the compensation amount. Marcillo's injury involved a syncopal episode shortly after vaccination, leading to a fall and significant facial trauma, including multiple jaw and facial fractures.

He underwent four surgical procedures over seven months, experienced complications like infection and wound drainage, and had his jaw wired shut for a month, requiring a liquid diet and suctioning. His treatment involved extensive dental work, including braces, extractions, and planned future surgeries like total joint replacement, with an estimated total treatment duration of at least four years.

The court awarded Marcillo $286,311.91, comprising $250,000.00 for pain and suffering, $30,312.03 for past unreimbursable expenses, and $5,999.88 for lost wages. The award for pain and suffering was at the statutory cap, reflecting the severity and duration of his injury and the intrusive medical care required.