Wojick v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-845V

Filed: December 17, 2014

**************************** MCKENNA WOJICK, *

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Petitioner, * Ruling on Entitlement; Concession;

* Hepatitis A, Trivalent Influenza Vaccine; * Flu Vaccine; Vasovagal Syncope;

SECRETARY OF HEALTH * Loss of Consciousness AND HUMAN SERVICES, *

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Respondent. *

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**************************** Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner. Michael Milmoe, US Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1 Vowell, Chief Special Master:

On September 11, 2014, McKenna Wojick filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the “Vaccine Act” or “Program”]. Petitioner alleged that she suffered a loss of consciousness (vasovagal syncope) and fall after receiving the Hepatitis A and trivalent influenza vaccines on November 25, 2013. Petition at 1. She seeks damages for injuries she sustained from her loss of consciousness and fall. Id. at 1-3. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On December 16, 2014, respondent filed a status report conceding entitlement in this case. Specifically, respondent indicates “that petitioner has proven that her injuries, including a syncopal fall, a broken right central incisor, lacerations of her lower lip, a closed head injury with a brief loss of consciousness, a contusion of her jaw, and muscle strain, were all caused in fact by the hepatitis A and trivalent influenza vaccines that she received on November 25, 2013.” Status Report at 1.

In view of respondent’s concession and the evidence before me, I find that petitioner is entitled to compensation. s/Denise K. Vowell Denise K. Vowell Chief Special Master