VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00778
Package ID: USCOURTS-cofc-1_22-vv-00778
Petitioner: Andrew Eberling
Filed: 2022-07-18
Decided: 2024-11-15
Vaccine: HPV
Vaccination date: 2019-08-02
Condition: vasovagal syncope with closed nasal fracture and deviated septum with 85% obstruction, and lacerations to his face
Outcome: compensated
Award amount USD: 10000

AI-assisted case summary:
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.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00778-0
Date issued/filed: 2024-10-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/10/2024) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00778-UNJ Document 33 Filed 10/15/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0778V
ANDREW EBERLING,
Chief Special Master Corcoran
Petitioner,
v.
Filed: September 10, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Adam Marc Raditz, Ginsberg & O’Connor, P.C., Cherry Hill, NJ, for Petitioner.
Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 18, 2022, Andrew Eberling 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 a
human papillomavirus (“HPV”) vaccine on August 2, 2019, which resulted in injuries,
including a “closed nasal fracture and deviated septum with 85% obstruction” and
lacerations to his face.” Petition at 1-2. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On September 10, 2024, 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 states that, “petitioner has satisfied the criteria set
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:22-vv-00778-UNJ Document 33 Filed 10/15/24 Page 2 of 2
forth in the recently revised Vaccine Injury Table and its Qualifications and Aids to
Interpretation, which afford petitioner a presumption of causation if the onset of vasovagal
syncope occurs within one hour after an HPV vaccination and there is no apparent
alternative cause.” Id. at 3. Respondent further agrees that “petitioner experienced more
than six months of residual effects. Specifically, the six-month severity requirement is met
via the deviated septum from August 2, 2019, to about January 2023.” 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_22-vv-00778-1
Date issued/filed: 2024-11-15
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/08/2024) regarding 32 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00778-UNJ Document 39 Filed 11/15/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0778V
ANDREW EBERLING, Chief Special Master Corcoran
Petitioner, Filed: October 8, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Adam Marc Raditz, I, Ginsberg & O’Connor, P.C., Cherry Hill, NJ, for Petitioner.
Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 18, 2022, Andrew Eberling 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 a
human papillomavirus (“HPV”) vaccine on August 2, 2019, which resulted in injuries,
including a “closed nasal fracture and deviated septum with 85% obstruction” and
lacerations to his face. Petition at 1-2. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On September 10, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On October 4, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $10,000.00, in pain and
suffering. Proffer at 2. In the Proffer, 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.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:22-vv-00778-UNJ Document 39 Filed 11/15/24 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $10,000.00, 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 1:22-vv-00778-UNJ Document 39 Filed 11/15/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ANDREW EBERLING,
Petitioner,
v. No. 22-778V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 18, 2022, Andrew Eberling (“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, as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3, upon receiving a human
papillomavirus (“HPV”) vaccine on August 2, 2019, which resulted in injuries including a
“closed nasal fracture and deviated septum with 85% obstruction,” and lacerations to his face.
See Petition at 2.
On September 10, 2024, 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 for a vasovagal syncope Table injury, and on September 10, 2024, the Chief Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 28;
ECF No. 29.
1

Case 1:22-vv-00778-UNJ Document 39 Filed 11/15/24 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $10,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This represents all elements of compensation to which petitioner is entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.
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 $10,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Andrew Eberling: $10,000.00
CONCLUSION
Respondent recommends that the court award $10,000.00 for all damages available under
Section 15(a) of the Vaccine Act. This amount does not include reasonable attorneys’ fees and
litigation costs, which will be determined at a later date.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:22-vv-00778-UNJ Document 39 Filed 11/15/24 Page 5 of 5
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Julianna R. Kober by Katherine Edwards
Julianna R. Kober
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 742-6375
Julianna.R.Kober@usdoj.gov
Date: October 4, 2024
3