Sicely D. Martin v. HHS - Influenza, syncope (2023)
Case summary [AI summaries can sometimes make mistakes]
Sicely D. Martin filed a petition for compensation under the National Vaccine Injury Compensation Program on November 17, 2022, alleging she suffered syncope resulting from an influenza vaccine received on November 19, 2019.
Ms. Martin stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that no civil action had been filed.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Martin is entitled to compensation.
The respondent agreed that Ms. Martin met the criteria for vasovagal syncope following flu vaccination, requiring a loss of consciousness within one hour of administration.
The respondent also agreed that the case was timely filed, the vaccine was administered in the U.S., and the statutory severity requirement was met due to the injury's lasting effects for more than six months. The respondent further noted that Ms.
Martin averred no civil action had been pursued. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on September 5, 2023, finding Ms. Martin entitled to compensation based on the respondent's concession and the evidence of record.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Damages are to be determined at a later date.
Petitioner counsel was Ramon Rodriguez, III, and respondent counsel was Ryan Pohlman Miller.
Theory of causation
Petitioner Sicely D. Martin received an influenza vaccine on November 19, 2019. She alleged syncope as a result. The respondent conceded entitlement, agreeing that Petitioner met the criteria for vasovagal syncope following flu vaccination, requiring loss of consciousness within one hour of administration, as set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation (QAI). The respondent also agreed the case was timely filed, the vaccine was administered in the U.S., and the statutory severity requirement was met due to residual effects lasting more than six months. The public text does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on September 5, 2023. Petitioner counsel was Ramon Rodriguez, III, and respondent counsel was Ryan Pohlman Miller.
Source PDFs
USCOURTS-cofc-1_22-vv-01702