Garcia II v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-1136V Filed: February 6, 2015

Unpublished **************************** JOSE GUADALUPE GARCIA, II, *

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Petitioner, * Ruling on Entitlement; Concession;

* Meningococcal Vaccine; Vasovagal * Syncope; Special Processing Unit;

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

*

**************************** Larry Lee Thweatt, Jr., Esq., Terry & Thweatt, PC, Houston, TX for petitioner. Lisa Watts, Esq., U.S. Department of Justice, Washington, DC for respondent.

RULING ON ENTITLEMENT1 Vowell, Chief Special Master:

On November 21, 2014, Jose Guadalupe Garcia, II 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 alleges that he suffered injuries resulting from fainting after receiving the meningitis vaccine on December 26, 2012. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On February 6, 2015, respondent filed her Rule 4(c) report in which she concedes “that compensation is appropriate” in this case. Respondent’s Rule 4(c) Report at 2. Specifically, respondent believes that “it is more likely than not that the administration of the meningococcal vaccine caused petitioner’s syncopal episode” which caused his fall and facial and dental injuries. Id. at 3. Respondent further agrees that the jurisdictional issues are satisfied in this case. Id.

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