VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01071
Package ID: USCOURTS-cofc-1_21-vv-01071
Petitioner: Tori Jonet
Filed: 2021-03-15
Decided: 2023-01-06
Vaccine: influenza
Vaccination date: 2019-11-15
Condition: vasovagal syncope with residual effects lasting more than six months
Outcome: compensated
Award amount USD: 90810

AI-assisted case summary:
Tori Jonet filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she developed vasovagal syncope with residual effects lasting more than six months after receiving influenza and tetanus vaccines on November 15, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Jonet was entitled to compensation. The respondent agreed that Ms. Jonet satisfied the criteria set forth in the Vaccine Injury Table for vasovagal syncope, which occurred within the Table timeframe of one hour after vaccination, and that there was no apparent alternative cause. The respondent also acknowledged that Ms. Jonet experienced residual effects lasting more than six months. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Ms. Jonet entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, which Ms. Jonet agreed to. The court awarded Ms. Jonet a lump sum payment of $90,810.00, comprising $90,000.00 for pain and suffering and $810.00 for past unreimbursable expenses, as compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01071-0
Date issued/filed: 2022-05-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/21/2022) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-01071-UNJ Document 31 Filed 05/23/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1071V
UNPUBLISHED
TORI JONET, Chief Special Master Corcoran
Petitioner, Filed: April 21, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu);
Tetanus; Vasovagal Syncope.
Respondent.
Mark Budzinski, Corneille Law Group, Green Bay, WI, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 15, 2021, Tori Jonet 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 alleges that after receiving influenza (“flu”) and tetanus vaccines on
November 15, 2019, she developed vasovagal syncope with residual effects lasting more
than six months. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On March 21, 2022, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at
16. Specifically, Respondent believes that Petitioner has satisfied the criteria set forth in
the applicable Vaccine Injury Table and the Qualifications and Aids to Interpretation,
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), 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 1:21-vv-01071-UNJ Document 31 Filed 05/23/22 Page 2 of 2
which afford Petitioner a presumption of causation if the onset of vasovagal syncope
occurs within one hour of her receipt of a covered vaccine (here, Petitioner’s seasonal flu
and tetanus toxoid-containing vaccinations) and there is no apparent alternative cause.
Id. (citing 42 C.F.R. § 100.3(a)(I)(D), (XIV)(C), (c)(13). Further, Petitioner experienced
more than six months of residual effects. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is 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_21-vv-01071-1
Date issued/filed: 2023-01-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/29/2022) regarding 38 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-01071-UNJ Document 40 Filed 01/06/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1071V
UNPUBLISHED
TORI JONET, Chief Special Master Corcoran
Petitioner, Filed: November 29, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu); Tetanus; Vasovagal
Syncope.
Respondent.
Mark Budzinski, Corneille Law Group, Green Bay, WI, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 15, 2021, Tori Jonet 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 alleges that after receiving influenza (“flu”) and tetanus vaccines on
November 15, 2019, she developed vasovagal syncope with residual effects lasting more
than six months. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On April 21, 2022, a ruling on entitlement was issued, finding that Petitioner was
entitled to compensation for a Table injury of vasovagal syncope. On November 28, 2022,
Respondent filed a proffer on award of compensation, which indicates Petitioner’s
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 1:21-vv-01071-UNJ Document 40 Filed 01/06/23 Page 2 of 5
agreement to the amount(s) therein. Based on the record as a whole, I find that Petitioner
is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award a lump sum payment
of $90,810.00 (representing $90,000.00 for pain and suffering and $810.00 for past
unreimbursable 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 1:21-vv-01071-UNJ Document 40 Filed 01/06/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
TORI JONET,
Petitioner,
v. No. 21-1071V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On March 15, 2021, petitioner, Tori Jonet, filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, as amended (the “Vaccine Act”), 42 U.S.C. §§
300aa-1 to -34, alleging that she developed vasovagal syncope and related sequalae after
receiving influenza (“flu”) and tetanus vaccines on November 15, 2019. See Petition.
On March 21, 2022, respondent, the Secretary of Health and Human Services, filed a
Rule 4(c) Report, concluding that petitioner suffered a vasovagal syncope episode as defined by
the Vaccine Injury Table, within the Table timeframe. ECF No. 28. On April 21, 2022, the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation
for the Table injury for vasovagal syncope. ECF No. 29.
II. Items of Compensation
a. Pain and Suffering
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:21-vv-01071-UNJ Document 40 Filed 01/06/23 Page 4 of 5
Based on the record evidence, respondent proffers that petitioner should be awarded
$90,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
b. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $810.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. 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 following: a lump sum payment of $90,810.00, in the form
of a check payable to petitioner.2 Petitioner agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:21-vv-01071-UNJ Document 40 Filed 01/06/23 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ NINA Y. REN
NINA Y. REN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington D.C. 20044-0146
(202) 451-7499
Nina.Ren@usdoj.gov
DATED: November 28, 2022
3