Andrew Eberling v. HHS - HPV, vasovagal syncope with closed nasal fracture and deviated septum with 85% obstruction, and lacerations to his face (2024)

Filed 2022-07-18Decided 2024-11-15Vaccine HPV
compensated$10,000

Case summary [AI summaries can sometimes make mistakes]

Andrew Eberling filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a syncopal episode, a closed nasal fracture, a deviated septum with 85% obstruction, and facial lacerations after receiving a human papillomavirus (HPV) vaccine on August 2, 2019. The respondent, the Secretary of Health and Human Services, conceded that Mr.

Eberling was entitled to compensation. The respondent's Rule 4(c) report indicated that Mr.

Eberling met the criteria for a vasovagal syncope Table injury, which presumes causation if onset occurs within one hour of vaccination and there is no alternative cause. The respondent also agreed that Mr.

Eberling experienced more than six months of residual effects, specifically citing the deviated septum from August 2, 2019, to January 2023. A ruling on entitlement was issued on September 10, 2024, finding Mr.

Eberling entitled to compensation. Subsequently, on October 4, 2024, the respondent filed a proffer recommending an award of $10,000.00 for pain and suffering, which Mr.

Eberling agreed to. The Chief Special Master issued a Decision Awarding Damages on November 15, 2024, awarding Mr.

Eberling a lump sum payment of $10,000.00 for all damages.

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