D.S. v. HHS - Tdap, vasovagal syncope (2025)
Case summary [AI summaries can sometimes make mistakes]
On April 16, 2024, Jenny Schroth and Jeffrey Robert Schroth, as the mother and father and natural guardians of D.S., a minor child, filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that D.S. suffered vasovagal syncope following vaccinations with the human papillomavirus (HPV), tetanus diphtheria acellular pertussis (Tdap), and meningococcal conjugate vaccines on June 29, 2023.
The petition stated that the vaccines were administered in the United States, that D.S.'s vaccine-related injuries had lasted more than six months, and that the petitioners had not received compensation or filed a civil action for these injuries. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 5, 2024, the respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioners were entitled to compensation. The respondent agreed that the petitioners satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford a presumption of causation if the onset of vasovagal syncope occurs within one hour after the specified vaccinations and there is no apparent alternative cause.
The respondent also agreed that the records demonstrated D.S. suffered residual effects for more than six months and that all legal prerequisites for compensation were met. On December 6, 2024, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement, finding the petitioners entitled to compensation. Subsequently, on February 5, 2025, the respondent filed a proffer on the award of compensation, indicating that the petitioners should be awarded $55,000.00 to purchase an annuity contract and that the petitioners agreed with this proffered award.
On March 14, 2025, Chief Special Master Corcoran issued a decision awarding damages. The decision awarded $55,000.00 to purchase an annuity contract for pain and suffering, representing all damages available under Section 15(a) of the Vaccine Act.
The annuity contract was to provide specific lump sum payments on February 28, 2033, February 28, 2036, and February 28, 2039, with adjustments to the final payment to ensure the total cost did not exceed $55,000.00. The decision noted that if D.S. predeceased payment of any lump sums, they would be made to his estate.
Petitioners were represented by Jeffrey S. Pop of Jeffrey S.
Pop & Associates, and respondent was represented by Madylan Louise Yarc of the U.S. Department of Justice.
Theory of causation
Petitioners Jenny and Jeffrey Schroth alleged that their minor son, D.S., suffered vasovagal syncope following vaccinations with the HPV, Tdap, and meningococcal conjugate vaccines on June 29, 2023. The respondent conceded entitlement to compensation, agreeing that the injury, vasovagal syncope, is a Table injury with onset within one hour of vaccination and no apparent alternative cause, satisfying the criteria for a presumption of causation under the Vaccine Injury Table and Qualifications and Aids to Interpretation. The respondent also agreed that D.S. suffered residual effects for more than six months and that all legal prerequisites were met. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 6, 2024, and a decision awarding damages on March 14, 2025. The parties stipulated to an award of $55,000.00 to purchase an annuity contract for pain and suffering, representing all damages available under 42 U.S.C. § 300aa-15(a). The annuity was structured to provide specific lump sum payments in 2033, 2036, and 2039. Petitioners' counsel was Jeffrey S. Pop, and respondent's counsel was Madylan Louise Yarc.
Source PDFs
USCOURTS-cofc-1_24-vv-00585