VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01702 Package ID: USCOURTS-cofc-1_22-vv-01702 Petitioner: Sicely D. Martin Filed: 2022-11-17 Decided: 2023-10-06 Vaccine: influenza Vaccination date: 2019-11-19 Condition: syncope Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01702-0 Date issued/filed: 2023-10-06 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/05/2023) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01702-UNJ Document 32 Filed 10/06/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1702V SICELY D. MARTIN, Chief Special Master Corcoran Petitioner, Filed: September 5, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ramon Rodriguez, III, Sands Anderson PC, Richmond, VA, for Petitioner. Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 17, 2022, Sicely D. Martin 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 she suffered syncope resulting from an influenza (“flu”) vaccine received on November 19, 2019. Petition at 1. Petitioner further alleges that the vaccine was administered in the United States, she has suffered the residual effects or complications of her injury for more than six months, and neither Petitioner nor anyone on her behalf has filed a civil action or received or collected an award or settlement of any civil action for damages for her vaccine-related injury. Petition at ¶¶ 2, 14, 15. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01702-UNJ Document 32 Filed 10/06/23 Page 2 of 2 On September 5, 2023, 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 “petitioner has satisfied the criteria set forth in the Table and the Qualifications and Aids to Interpretation (“QAI”) for vasovagal syncope following flu vaccination, which require that petitioner establish a loss of consciousness within one hour after administration of the flu vaccine.” Id. at 9. Respondent further agrees that “the records show that the case was timely filed, that the vaccine was administered in the United States, and that petitioner satisfied the statutory severity requirement because the residual effects or complications of her injury continued for more than six months after vaccine administration.” Id. at 10. Respondent also notes that Petitioner has averred that no civil action or proceedings have been pursued in connection with her vaccine-related injury. 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