VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00585
Package ID: USCOURTS-cofc-1_24-vv-00585
Petitioner: D.S.
Filed: 2024-04-16
Decided: 2025-03-14
Vaccine: HPV, Tdap, and meningococcal conjugate
Vaccination date: 2023-06-29
Condition: vasovagal syncope
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00585-0
Date issued/filed: 2025-01-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/06/2024) regarding 16 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00585-UNJ Document 21 Filed 01/07/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0585V
JENNY SCHROTH, as Mother and Chief Special Master Corcoran
Natural Guardian of D.S., and
JEFFREY ROBERT SCHROTH, as Filed: December 6, 2024
Father and Natural Guardian of D.S.,
Petitioners,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Madylan Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 16, 2024, Jenny Schroth, as mother and natural guardian of D.S., and
Jeffrey Robert Schroth, as father and natural guardian of D.S., filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”). Petitioners allege that D.S. suffered vasovagal
syncope following human papilloma virus (“HPV”), tetanus diphtheria acellular pertussis
(“Tdap”), and meningococcal conjugate vaccines received on June 29, 2023. Petition at
1. Petitioners further allege that the vaccines were administered in the United States,
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), Petitioners have 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 1:24-vv-00585-UNJ Document 21 Filed 01/07/25 Page 2 of 2
D.S.’s vaccine-related injuries have lasted more than six months, and Petitioners have
neither received compensation in the form of an award or settlement, nor filed a civil
action, for D.S.’s vaccine-related injuries. Petition at ¶¶ 4, 49, 50. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On December 5, 2024, Respondent filed his Rule 4(c) report in which he concedes
that Petitioners are entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, Respondent agrees that “petitioners have satisfied the criteria set forth
in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation
(“QAI”), which afford petitioners a presumption of causation if the onset of vasovagal
syncope occurs within one hour after HPV, meningococcal, and Tdap vaccination and
there is no apparent alternative cause. Id. at 6. Respondent further agrees that the
records demonstrate that D.S. has suffered the residual effects of his condition for more
than six months and that Petitioners have satisfied all legal prerequisites for
compensation under the Vaccine Act. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioners are 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_24-vv-00585-1
Date issued/filed: 2025-03-14
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 02/06/2025) regarding 23 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00585-UNJ Document 27 Filed 03/14/25 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0585V
JENNY SCHROTH, as Mother and Chief Special Master Corcoran
Natural Guardian of D.S., and
JEFFREY ROBERT SCHROTH, as Filed: February 6, 2025
Father and Natural Guardian of D.S.,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioners.
Madylan Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 16, 2024, Jenny Schroth, as mother and natural guardian of D.S., and
Jeffrey Robert Schroth, as father and natural guardian of D.S., filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”). Petitioners allege that D.S. suffered vasovagal
syncope following human papilloma virus (“HPV”), tetanus diphtheria acellular pertussis
(“Tdap”), and meningococcal conjugate vaccines received on June 29, 2023. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
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), Petitioners have 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 1:24-vv-00585-UNJ Document 27 Filed 03/14/25 Page 2 of 6
On December 6, 2024, a ruling on entitlement was issued, finding Petitioners
entitled to compensation for vasovagal syncope. On February 5, 2025, Respondent filed
a proffer on award of compensation (“Proffer”) indicating Petitioners should be awarded
$55,000.00 to purchase an annuity contract. Proffer at 2-3. In the Proffer, Respondent
represented that Petitioners agree with the proffered award. Id. Based on the record as a
whole, I find that Petitioners are entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioners an
amount of $55,000.00 to purchase the annuity contract described in section II.A of
the Proffer, for pain and suffering. 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 1:24-vv-00585-UNJ Document 27 Filed 03/14/25 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JENNY SCHROTH, as mother and natural
guardian of D.S., and JEFFREY ROBERT
SCHROTH, as father and natural guardian
No. 24-585V
of D.S.,
Chief Special Master Corcoran
ECF
Petitioners,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER OF DAMAGES
I. Procedural History
On April 16, 2024, Jenny Schroth, as mother and natural guardian, and Jeffrey Robert
Schroth, as father and natural guardian, (“petitioners”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 43 U.S.C. §§ 300aa-1 to -34 (“Vaccine
Act” or “Act”), as amended, alleging that D.S., their minor son, suffered a syncopal episode
upon receiving the human papillomavirus (“HPV”), tetanus diphtheria acellular pertussis
(“Tdap”), and meningococcal conjugate (“MCV4”) vaccinations on June 29, 2023. Petition at 1.
On December 5, 2024, respondent filed his Rule 4(c) report in which he conceded that
petitioners are entitled to compensation in this case. ECF No. 14. Accordingly, on December 6,
2024 the Chief Special Master issued a Ruling on Entitlement, finding that petitioners are
entitled to vaccine compensation. ECF No. 16.

Case 1:24-vv-00585-UNJ Document 27 Filed 03/14/25 Page 4 of 6
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers, and the parties recommend, that
compensation be made through future annuity payments as described below, and request that the
Special Master’s decision and the Court’s judgment award the following:
A. Pain and Suffering
For pain and suffering, an amount not to exceed $55,000.00 to purchase an annuity
contract,1 paid to the life insurance company2 from which the annuity will be purchased,3 subject
to the conditions described below, that will provide payments to D.S. as set forth below:
1 At respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
The parties further agree that the annuity payments cannot be assigned, accelerated, deferred,
increased, or decreased by the parties and that no part of any annuity payments called for herein,
nor any assets of the United States or the annuity company, are subject to execution or any legal
process for any obligation in any manner. Petitioners and petitioners’ heirs, executors,
administrators, successors, and assigns do hereby agree that they have no power or right to sell,
assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by
assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or
anticipate said annuity payments, or any part thereof, by assignment or otherwise.
2 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have
one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
3 Petitioners authorize the disclosure of certain documents filed by the petitioners in this case
consistent with the Privacy Act and the routine uses described in the National Vaccine Injury
Compensation Program System of Records, No. 09-15-0056.
2

Case 1:24-vv-00585-UNJ Document 27 Filed 03/14/25 Page 5 of 6
a. A certain Lump Sum of $25,602.76 payable on February 28, 2033.
b. A certain Lump Sum of $29,612.15 payable on February 28, 2036.
c. A certain Lump Sum of $34,462.47 payable on February 28, 2039.
The purchase price of the annuity described in this section II.A. shall neither be greater nor less
than $55,000.00. In the event that the cost of the certain lump sum annuity payments set forth
above varies from $55,000.00, the certain lump sum payable on February 28, 2039, shall be
adjusted to ensure that the total cost of the annuity is neither less nor greater than $55,000.00.
Should D.S. predecease payment of any of the certain lump sum payments set forth above, said
payments shall be made to his estate. Written notice to the Secretary of Health and Human
Services and to the Life Insurance Company shall be provided within twenty (20) days of D.S.’s
death.
These amounts represent all elements of compensation to which D.S. would be entitled
under 42 U.S.C. § 300aa-15(a).4 Petitioners agree.5
III. Summary of Recommended Payments Following Judgment
A. An amount of $55,000.00 to purchase the annuity contract
described above in section II.A.
Respectfully submitted,
BRETT A. SHUMATE
Acting Assistant Attorney General
4 Should D.S. 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 medical
expenses, future lost earnings, and future pain and suffering.
5 At the time payment is received, D.S. will be an adult, and thus guardianship is not required.
However, petitioners represent that they presently are, or if necessary, will become, authorized to
serve as guardians/conservators of D.S.’s estate as may be required under the laws of the State of
Wisconsin.
3

Case 1:24-vv-00585-UNJ Document 27 Filed 03/14/25 Page 6 of 6
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
s/Madylan L. Yarc
MADYLAN L. YARC
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) 742-6376
Madylan L. Yarc@usdoj.gov
DATED: February 5, 2025
4