Brandon Pozil v. HHS - Tdap, syncopal episode resulting in severe facial trauma (2023)

On January 8, 2021, Brandon Pozil, a 25-year-old student, filed a petition for compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a syncopal episode resulting in severe facial trauma after receiving the tetanus, diphtheria, acellular pertussis (Tdap) vaccine on September 8, 2018.

The respondent, the Secretary of Health and Human Services, conceded that Mr. Pozil was entitled to compensation, finding that his injury satisfied the criteria set forth in the Vaccine Injury Table.

The case proceeded to a damages decision as the parties could not agree on an award amount. Mr.

Pozil sustained a laceration on his chin, a loose tooth, a laceration between two teeth, and multiple facial and mandible fractures. He underwent surgery to repair these injuries, which involved arch bars, plates, screws, and wiring to his jaw.

Following surgery, he was on a liquid diet for 47 days and experienced discomfort and misalignment of his jaw. He also required restorative dental work on four fractured teeth, including a root canal and crown replacement over a year after the vaccination.

The Special Master, Brian H. Corcoran, considered the severity and duration of Mr.

Pozil's injuries, comparing them to prior cases, including Hietpas, which involved a similar chin laceration and mandible fractures but a longer period of jaw immobilization. The Special Master found Mr.

Pozil's initial injury and treatment to be more severe than in Hietpas, but noted that his subsequent dental work, while significant, did not equate to the continued symptoms and treatment experienced by the Hietpas petitioner. The Special Master also referenced the Marcillo case, where the maximum award was granted, to underscore Mr.

Pozil's comparatively successful and quicker recovery. Chief Special Master Corcoran awarded Mr.

Pozil $145,000.00 for pain and suffering and $4,856.16 for actual and projected unreimbursable expenses, for a total award of $149,856.16, payable by check to Mr. Pozil.

Petitioner was represented by Nancy Routh Meyers, and Respondent was represented by Emily H. Manoso.