VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02236 Package ID: USCOURTS-cofc-1_21-vv-02236 Petitioner: Alden Harmon Filed: 2021-11-30 Decided: 2023-04-25 Vaccine: influenza Vaccination date: 2020-09-17 Condition: vasovagal syncope Outcome: compensated Award amount USD: 52407 AI-assisted case summary: Alden Harmon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a syncopal episode upon receiving Gardasil and influenza vaccines on September 17, 2020, which resulted in injuries to his chin and jaw. The case was assigned to the Special Processing Unit of the Office of Special Masters. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that Petitioner satisfied the criteria set forth in the Vaccine Injury Table for vasovagal syncope and experienced more than six months of residual effects. A ruling on entitlement was issued on August 2, 2022, finding Petitioner entitled to compensation. Subsequently, on March 22, 2023, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $52,407.62. This amount comprised $45,000.00 in pain and suffering, $258.00 in unreimbursed past medical expenses, and $7,149.62 for future medical expenses. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $52,407.62, representing compensation for all damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02236-0 Date issued/filed: 2022-09-12 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/02/2022) regarding 18 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02236-UNJ Document 21 Filed 09/12/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2236V UNPUBLISHED ALDEN HARMON, Chief Special Master Corcoran Petitioner, Filed: August 2, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Human Papillomavirus (HPV) Vaccine; Influenza (flu) Respondent. vaccine; Vasovagal Syncope Theodore G. Pashos, Pashos Law, LLC, St. Charles, MO, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 30, 2021, Alden Harmon 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 he suffered a syncopal episode upon receiving Gardasil and influenza (“flu”) vaccines on September 17, 2020, which resulted in “injuries to his chin and jaw”. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 1, 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 1. Specifically, Respondent agrees that “[P]etitioner has satisfied the criteria set forth in the recently revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to 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-02236-UNJ Document 21 Filed 09/12/22 Page 2 of 2 Interpretation (“QAI”)”. Id. at 2-3 (citing 42 C.F. R. § 100.3(a)(XIV)(C), (c)(13). Respondent further agrees that 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-02236-1 Date issued/filed: 2023-04-25 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 03/23/2023) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02236-UNJ Document 29 Filed 04/25/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2236V UNPUBLISHED ALDEN HARMON, Chief Special Master Corcoran Petitioner, Filed: March 23, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Human Papillomavirus (HPV) Vaccine; Influenza (flu); Vasovagal Respondent. Syncope Theodore G. Pashos, Pashos Law, LLC, St. Charles, MO, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 30, 2021, Alden Harmon 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 he suffered a syncopal episode upon receiving Gardasil and influenza (“flu”) vaccines on September 17, 2020, which resulted in “injuries to his chin and jaw.” Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 2, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for vasovagal syncope. On March 22, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $52,407.62 (comprised of $45,000.00 in pain and suffering, $258.00 in unreimbursed past medical expenses and $7,149.62 for future medical expenses). Proffer at 1. In the Proffer, 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-02236-UNJ Document 29 Filed 04/25/23 Page 2 of 5 Respondent represented that Petitioner agrees with the proffered award. Id. 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 Petitioner a lump sum payment of $52,407.62 (comprised of $45,000.00 in pain and suffering, $258.00 in unreimbursed past medical expenses, and $7,149.62 for future medical 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-02236-UNJ Document 29 Filed 04/25/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ALDEN HARMON, Petitioner, v. No. 21-2236V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On November 30, 2021, Alden Harmon (“petitioner”) filed a Petition for Compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”). 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that he suffered a syncopal episode upon receiving Gardasil and influenza (“flu”) vaccines on September 17, 2020, which resulted in “injuries to his chin and jaw.” Petition at 1. On August 1, 2022, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act, and the Chief Special Master subsequently issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 17; ECF No. 18. I. Items of Compensation Respondent proffers that petitioner should be awarded $52,407.62, comprising $45,000.00 in pain and suffering damages, $258.00 in unreimbursed past medical expenses and $7,149.62 for future medical expenses. Any future damages award has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:21-vv-02236-UNJ Document 29 Filed 04/25/23 Page 4 of 5 II. 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 following1: a lump sum payment of $52,407.62, representing compensation for all elements of economic and noneconomic damages, in the form of a check payable to petitioner, Alden Harmon. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Alden Harmon: $52,407.62 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 TRACI R. PATTON Assistant Director Torts Branch, Civil Division 1 Should petitioner 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 damages. 2 Case 1:21-vv-02236-UNJ Document 29 Filed 04/25/23 Page 5 of 5 /s/ Julia M. Collison JULIA M. COLLISON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 305-0102 Dated: March 22, 2023 3