VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01889 Package ID: USCOURTS-cofc-1_24-vv-01889 Petitioner: Brooke Gorzelanczyk Filed: 2024-11-15 Decided: 2025-09-11 Vaccine: meningococcal and human papillomavirus (HPV) vaccines Vaccination date: 2023-08-08 Condition: syncope with traumatic nasal and dental injuries Outcome: compensated Award amount USD: 130000 AI-assisted case summary: On November 15, 2024, Brooke Gorzelanczyk filed a petition alleging that she suffered a Table syncope injury after receiving meningococcal and HPV vaccines on August 8, 2023. She was 17 years old at vaccination. Within one hour of vaccination, Ms. Gorzelanczyk fainted, fell forward, struck her face, bled from her nose, and chipped two front teeth. Emergency imaging showed acute comminuted nasal bone fractures. The next day, a dentist repaired the damaged teeth with composite restorations. On August 17, 2023, she underwent closed reduction of the nasal fracture under general anesthesia. She later developed chronic nasal obstruction from profound septal deviation and turbinate hypertrophy, and on June 20, 2024 underwent septoplasty and bilateral submucosal resection of the inferior turbinates. Respondent concluded she suffered a Table syncope injury with residual effects lasting at least six months. On September 11, 2025, Chief Special Master Brian H. Corcoran adopted the parties' stipulation and awarded $130,000.00 for pain and suffering. A later fee award was for litigation fees and costs only. Ms. Gorzelanczyk was represented by John D. March. Theory of causation field: Meningococcal and HPV vaccines on August 8, 2023 at age 17 causing Table syncope with traumatic nasal/dental injuries; onset within one hour. COMPENSATED. Key evidence: fall with nose bleeding/chipped teeth; CT acute comminuted nasal fractures; dental composite repairs; closed reduction Aug 17, 2023; chronic nasal obstruction/septal deviation/turbinate hypertrophy; septoplasty/turbinate surgery Jun 20, 2024. Award $130,000 pain and suffering. Chief SM Brian H. Corcoran; petition November 15, 2024; decision September 11, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01889-0 Date issued/filed: 2025-10-15 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/11/2025) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01889-UNJ Document 27 Filed 10/15/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1889V BROOKE GORZELANCZYK, Chief Special Master Corcoran Petitioner, Filed: September 11, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan J. Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Ryan D. Pyles, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 15, 2024, Brooke Gorzelanczyk 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 a syncopal episode resulting in injuries and permanent disfigurement to her face, nose, and teeth as a result of receiving meningococcal and/or human papillomavirus (“HPV”) vaccines on August 8, 2023. Petition at 1. Petitioner further alleges she suffered the syncopal event within one hour of vaccination and that sequelae of her injury persisted for at least six months. Id. 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 1:24-vv-01889-UNJ Document 27 Filed 10/15/25 Page 2 of 2 On September 11, 2025, 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 has indicated that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. at 3. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01889-1 Date issued/filed: 2025-10-15 Pages: 6 Docket text: PUBLIC DECISION (Originally filed: 09/11/2025) regarding 21 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01889-UNJ Document 28 Filed 10/15/25 Page 1 of 6 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1889V BROOKE GORZELANCZYK, Chief Special Master Corcoran Petitioner, Filed: September 11, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan J. Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Ryan D. Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 15, 2024, Brooke Gorzelanczyk 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 a syncopal episode resulting in injuries and permanent disfigurement to her face, nose, and teeth as a result of receiving meningococcal and/or human papillomavirus vaccines on August 8, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 11, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her injuries. On September 11, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $130,000.00. Proffer at 3. 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 1:24-vv-01889-UNJ Document 28 Filed 10/15/25 Page 2 of 6 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $130,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 1:24-vv-01889-UNJ Document 28 Filed 10/15/25 Page 3 of 6 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS BROOKE GORZELANCZYK, Petitioner, v. No. 24-1889V Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S RULE 4(c) REPORT RECOMMENDING COMPENSATION and PROFFER ON AWARD OF COMPENSATION On November 15, 2024, Brooke Gorzelanczyk filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34 (Vaccine Act), alleging that she suffered a syncopal episode “resulting in injuries and permanent disfigurement to her face, nose and teeth,” as a result of receiving meningococcal and/or human papillomavirus (HPV) vaccines on August 8, 2023. Petition at 1. In accordance with the Rules of the United States Court of Federal Claims, Appendix B, Vaccine Rule 4(c), the Secretary of Health and Human Services (respondent) submits the following report in response to the petition, recommending that compensation be awarded. FACTS Petitioner’s medical history appears noncontributory to her current claim. On August 8, 2023, petitioner, at seventeen years of age, received meningococcal and HPV vaccinations with the following history upon receipt: “Patient received first [meningococcal] immunization [] on left arm and [HPV] on right arm. [A]fter immunization[s] were given patient proceeded to fall Case 1:24-vv-01889-UNJ Document 28 Filed 10/15/25 Page 4 of 6 forward and hit her face. [P]atient[’s] nose was bleeding and [she] chipped [two] front [teeth].” Exhibit (Ex.) 3 at 13; see also Ex. 4 at 148 (emergency department history); Ex. 6 at 3 (dental records noting that on Aug. 9, 2023, teeth at positions 8 and 24 were repaired with the dental composite, Filtek). A CT scan at the hospital showed “[a]cute comminuted fractures of the nasal bones.” Ex. 4 at 150. On August 17, 2023, petitioner had a “[c]losed reduction of nasal fracture” under general anesthesia for findings of “[c]omminuted mobile nasal bones with healing laceration over nasal dorsum” with “[b]ones deviated both left and right.” Ex. 5 at 29. On May 13, 2024, petitioner saw otolaryngologist Jason Cundiff, M.D., for nasal trauma with the following history: “[Petitioner] reports that she had a nasal trauma approximately 6 months ago. She complains of trouble breathing through her nose …. She has had no improvement with nasal steroids, antihistamines, and decongestants. She is concerned about the appearance of her nose and deviated septum.” Ex. 7 at 3. The assessment was “[c]hronic nasal obstruction secondary to profound septal deviation and turbinate hypertrophy.” Id. at 4. As treatment, on June 20, 2024 (ten and half months after vaccination), petitioner underwent surgery, specifically a “[s]eptoplasty and bilateral submucosal resection of inferior turbinates.” Id. at 10. On July 16, 2024, petitioner reported to Dr. Cundiff “improvement in nasal congestion, but … mild congestion involving the right nostril.” Id. at 8. However, petitioner noted that she “may have seasonal allergies.” Id. Petitioner alleges by affidavit dated January 15, 2025, that she continues to have a “bump on [her] nose” that would require rhinoplasty in the future to correct. Ex. 1 at 3-4. ANALYSIS The facts and allegations of this case, as reflected in the petition and accompanying medical records, have been evaluated by medical personnel at the Department of Health and 2 Case 1:24-vv-01889-UNJ Document 28 Filed 10/15/25 Page 5 of 6 Human Services, Division of Injury Compensation Programs (DICP). Based on that review, DICP has concluded that petitioner suffered a syncopal episode as set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The evidence shows that petitioner suffered a syncopal episode following the administration of meningococcal and HPV vaccines, and that the event occurred within the time period (within one hour) specified in the Table. 42 C.F.R. §§ 100.3(a), (c)(13). In addition, sequelae of petitioner’s injury persisted for at least six months. 42 U.S.C. § 300aa-11(c)(1)(D)(i). Therefore, petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. 42 U.S.C. § 300aa-13. PROFFER I. Items of Compensation Based on the evidence of record, respondent proffers that petitioner should be awarded $130,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This amount 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/Recommended Payment The parties recommend that the compensation provided to petitioner should be made through one lump sum payment as described below and request that the Chief Special Master’s decision and the Court’s judgment award the following:1 A lump sum payment of $130,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Brooke Gorzelanczyk. Petitioner is a competent adult. Proof of guardianship is not required in this case. 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 medical expenses, future lost earnings, and future pain and suffering. 3 Case 1:24-vv-01889-UNJ Document 28 Filed 10/15/25 Page 6 of 6 CONCLUSION Respondent recommends that the Court enter a decision finding petitioner entitled to compensation for syncope and resulting injury, presumptively sustained by operation of the Vaccine Injury Table as a result of petitioner’s August 8, 2023 meningococcal and/or HPV vaccinations, and that the Court award $130,000.00 in the manner stated above for all damages available under Section 15(a) of the Vaccine Act, which does not include reasonable attorneys’ fees and litigation costs to be determined at a later date. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division s/ RYAN D. PYLES RYAN D. PYLES Senior 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) 616-9847 ryan.pyles@usdoj.gov DATED: September 11, 2025 4 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-01889-cl-extra-11273939 Date issued/filed: 2026-03-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10807201 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1889V BROOKE GORZELANCZYK, Chief Special Master Corcoran Petitioner, v. Filed: February 3, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan J. Svitak, Shannon Law Group, P.C., Woodridge, IL,, for Petitioner. Ryan D. Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 15, 2024, Brooke Gorzelanczyk 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 alleged that she suffered a syncopal episode resulting in injuries and permanent disfigurement to her face, nose, and teeth as a result of receiving meningococcal and/or human papillomavirus vaccines on August 8, 2023. Petition, ECF No. 1. On September 11, 2025, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 21. 1Because 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). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $29,814.68 ($28,920.00 in fees plus $894.68 in costs). Application for Attorney’s Fees and Costs (“Motion”) filed September 25, 2025, ECF No. 25. Furthermore, counsel represents that Petitioner incurred no personal out-of-pocket expenses. ECF No. 25 at 2. Respondent reacted to the fees motion on September 29, 2025, reporting that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case and deferring resolution of the amount to be awarded to my discretion. ECF No. 26 at 2-4. Petitioner did not file a reply thereafter. I have reviewed the billing records submitted with Petitioner’s request and find a reduction in the amount of fees to be awarded appropriate, for the reasons stated below. ANALYSIS The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Counsel must submit fee requests that include contemporaneous and specific billing records indicating the service performed, the number of hours expended on the service, and the name of the person performing the service. See Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). It is “well within the special master’s discretion to reduce the hours to a number that, in [her] experience and judgment, [is] reasonable for the work done.” Id. at 1522. Furthermore, the special master may reduce a fee request sua sponte, apart from objections raised by respondent and without providing a petitioner notice and opportunity to respond. See Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201, 209 (2009). A special master need not engage in a line-by-line analysis of petitioner’s fee application when reducing fees. Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719, 729 (2011). The petitioner “bears the burden of establishing the hours expended, the rates charged, and the expenses incurred.” Wasson v. Sec’y of Health & Human Servs., 24 Cl. Ct. 482, 484 (1991). The Petitioner “should present adequate proof [of the attorney’s fees and costs sought] at the time of the submission.” Wasson, 24 Cl. Ct. at 484 n.1. Petitioner’s counsel “should make a good faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private 2 practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 461 U.S. at 434. ATTORNEY FEES AND COSTS A. Hourly Rates The hourly rates requested by attorney Jonathan Svitak and his supporting paralegals for all time billed herein are reasonable and consistent with prior determinations, and shall be applied. Petitioner also requests that I utilize the following hourly rates for work performed by attorney Brian Conneranweig: $563.00 for time billed in 2024, and $606.00 for time billed in 2025. These rates require adjustment. Mr. Conneranweig stated that he was admitted to the North Dakota Bar in 1995, the Illinois Bar in 2000, and admitted to this Court in 2024. ECF No. 25-5. As such, Mr. Conneranweig is eligible for in-forum rates within the ranges of attorneys with 20-30 years of experience, as set forth in the OSM Attorneys’ Fee Schedules. 3 However, he is not eligible to receive rates on the highest end of these ranges, due to his lack of experience handling Vaccine Act matters. Experience representing Petitioners in the Program is highly relevant to determine a reasonable hourly rate. See McCulloch v. Sec'y of Health and Human Services, No. 09–293V, 2015 WL 5634323, at *17 (Fed. Cl. Spec. Mstr. Sept. 1, 2015). As such, it would be improper to award Mr. Conneranweig the highest hourly rate in the Fee schedules for 2024-25, when those rates are reserved for attorneys with significant experience representing Petitioners in the Program. Instead, I find the hourly rates of $515.00 for 2024, and $560.00 for 2025, to be more appropriate. Application of the foregoing reduces the amount of fees to be awarded herein by $1,201.00. 4 B. Litigation Costs Petitioner has provided supporting documentation for all claimed costs. ECF No. 25-4. Respondent offered no objection to the costs claimed. I find the requested costs reasonable, and hereby award them in full. 3 The OSM Attorneys’ Forum Hourly Rate Fee Schedules are available on the U.S. Court of Federal Claims website: https://www.uscfc.uscourts.gov/osm-attorneys-forum-hourly-rate-fee-schedules 4 This amount is calculated as: ($563.00 - $515.00 = $48.00 x 23.20 hours billed in 2024) + ($606.00 – $560.00 = $46.00 x 1.90 hours billed in 2025) = $1,201.00. 3 CONCLUSION The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT, in part, Petitioner’s Motion for attorney’s fees and costs. I award a total of $28,613.68 (representing $27,719.00 in fees plus $894.68 in costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this Decision. 5 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 5 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 4