H.S. v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-1057V

Filed: May 18, 2015

Unpublished

**************************** H.S., by his parents and natural * Guardians GREGORY and SANDRA * SIMPSON, *

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Petitioner, * Ruling on Entitlement; Concession;

* Diptheria Tetanus and acellular * Pertussis (“DTaP”); Meningococcal;

SECRETARY OF HEALTH * Syncope; Special Processing Unit AND HUMAN SERVICES, * (“SPU”)

*

Respondent. *

*

**************************** Renee Gentry, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioner. Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Vowell, Chief Special Master:

On October 29, 2014, Gregory and Sandra Simpson filed a petition for compensation on behalf of their minor son, H.S., under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., 2 [the “Vaccine Act” or “Program”]. Petitioners allege that As a result of receiving DTaP and meningococcal vaccines on July 25, 212, H.S. experienced syncope, fell to the floor and fractured his skull. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On May 18, 2015, respondent filed her Rule 4(c) report in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent “agrees that the record reflects that H.S. suffered a syncopal episode following his July 25, 2012 vaccinations, that his episode occurred within a temporally appropriate timeframe following his vaccinations, and that he suffered six months of residual injuries.”3 Id. at 4. Respondent further notes “the lack of any evidence of a factor unrelated that would otherwise explain H.S.’s syncope.” 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