Kelly Quinn v. HHS - Hepatitis A, vasovagal syncope (2025)
Case summary [AI summaries can sometimes make mistakes]
Kelly Quinn, a 50-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 11, 2022. She alleged that she suffered from vasovagal syncope as a result of a Hepatitis A/B recombinant vaccine she received on March 27, 2019.
Petitioner claimed her vaccine-related injuries lasted more than six months and resulted in inpatient surgical intervention. The respondent filed a Rule 4(c) report on June 9, 2023, conceding that Petitioner was entitled to compensation.
The respondent stated that Petitioner satisfied the criteria set forth in the Vaccine Injury Table, affording her a presumption of causation if the onset of vasovagal syncope occurred within one hour after a hepatitis A or hepatitis B vaccination and there was no apparent cause. The respondent also agreed that Petitioner experienced more than six months of residual effects.
Chief Special Master Brian H. Corcoran found Petitioner entitled to compensation.
A subsequent decision on damages was issued on February 24, 2025. Petitioner alleged that she suffered injuries after a syncopal episode immediately after receiving the vaccine.
The parties could not agree on a damages figure, leading to a "Motions Day" proceeding. Petitioner sought $190,000.00 for pain and suffering, citing her reports of high pain levels, spinal surgery, continuing sequelae including hand numbness, reduced strength, neck pain, and impacts on her job and recreational activities.
Respondent proposed an award of $85,000.00 for pain and suffering, describing Petitioner's injury as limited in duration with symptoms largely resolved within seven months, noting her return to activities like sailing by June 22, 2020. The medical records indicated that Petitioner, who had a prior history of lower back problems and osteoporosis, received the Twinrix vaccine on March 27, 2019.
Shortly after vaccination, she fell in the exam room, becoming conscious, lightheaded, and dizzy, complaining of pain, numbness, and inability to move her arms. She was transported to the emergency room, where a CT of her c-spine revealed a nondisplaced hairline fracture in her C2 vertebrae.
She was diagnosed with central cord syndrome on March 29, 2019, necessitating surgery. Petitioner wore a cervical collar for ten weeks and required follow-up care.
She reported continued issues with balance, burning sensations in her neck, and tingling and weakness in her arms post-surgery. By June 22, 2020, she reported excellent progress and had returned to sailing.
However, as of October 27, 2022, she reported continued hand numbness and weakness. Chief Special Master Corcoran awarded Petitioner $130,000.00 for pain and suffering and $100.65 for past unreimbursed expenses, totaling $130,100.65.
Additionally, $29,458.03 was awarded to satisfy a Maryland Medicaid lien. The Special Master found Petitioner's injury serious, requiring surgery and a cervical collar for ten weeks, but noted her treatment course was not as lengthy as in some other cited cases, justifying an award slightly lower than the highest requested amount.
Petitioner was represented by Catherine Wallace Costigan of Maglio Christopher & Toale, PA, and Respondent was represented by Michael Joseph Lang of the U.S. Department of Justice.
The decision was signed by Chief Special Master Brian H. Corcoran.
Theory of causation
Petitioner Kelly Quinn, age 50, received a Hepatitis A/B vaccine on March 27, 2019. She alleged vasovagal syncope resulting in a fall, cervical fracture, and central cord syndrome. Respondent conceded entitlement, agreeing that Petitioner satisfied the criteria in the Vaccine Injury Table for vasovagal syncope with onset within one hour of vaccination and no apparent alternative cause, and that residual effects lasted more than six months. The Special Master awarded $130,000.00 for pain and suffering and $100.65 for past unreimbursed expenses, totaling $130,100.65, plus $29,458.03 for a Maryland Medicaid lien. The decision was issued by Chief Special Master Brian H. Corcoran on February 24, 2025. Petitioner was represented by Catherine Wallace Costigan, and Respondent by Michael Joseph Lang.
Source PDFs
USCOURTS-cofc-1_22-vv-00144