Filed: Dec. 06, 2019
Latest Update: Dec. 06, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On April 29, 2019, Tyler Anthony Thacker 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 he suffered vasovagal syncope as the result of a human papilloma quadrivalent virus (HPV) vaccination administered on April 30, 2016. Petition at 1. The case was assigned to the Special Processing U
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On April 29, 2019, Tyler Anthony Thacker 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 he suffered vasovagal syncope as the result of a human papilloma quadrivalent virus (HPV) vaccination administered on April 30, 2016. Petition at 1. The case was assigned to the Special Processing Un..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
BRIAN H. CORCORAN, Chief Special Master.
On April 29, 2019, Tyler Anthony Thacker 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 he suffered vasovagal syncope as the result of a human papilloma quadrivalent virus (HPV) vaccination administered on April 30, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 9, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for vasovagal syncope. On December 5, 2019, Respondent filed a proffer on award of compensation ("Proffer") indicating Petitioner should be awarded $$56,814.42, which is comprised of damages for pain and suffering in the amount of $50,000, damages for unreimbursed out-of-pocket medical expenses in the amount of $1,864.00, and damages for future medical expenses in the amount of $4,950.42. Proffer at 1. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $56,814.42 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On October 8, 2019, respondent concededed that entitlement to compensation was appropriate under the terms of the Vaccine Act. Thereafter, on October 9, 2019, Chief Special Master Corcoran issued a Ruling on Entitlement finding that petitioner was entitled to vaccine compensation for his vasovagal syncope that occurred within one hour of HPV vaccination. Based on the evidence of record, respondent proffers that petitioner should be awarded $56,814.42, which is comprised of damages for pain and suffering in the amount of $50,000.00, damages for unreimbursed out-of-pocket medical expenses in the amount of $1,864.00, and damages for future medical expenses in the amount of $4,950.42. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $56,814.42, in the form of a check payable to petitioner. Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D'ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
DATED: December 5, 2019