Zhang v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 23-1102V

ALIVIA ZHANG, Chief Special Master Corcoran

Petitioner, v. Filed: September 23, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

David A. Kleczek, Kleczek Law Office, Oakland, CA, for Petitioner.

Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT1

On July 18, 2023, Alivia Zhang filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.1 (the “Vaccine Act”). Petitioner alleges that she suffered a syncopal episode upon receiving a meningococcal vaccine on August 16, 2022, which resulted in orbital injury and complete loss of vision in her left eye. Petition at 1 – 2. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 18, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Rule 4(c) Report at 1. Specifically, Respondent agrees that Petitioner satisfies the criteria set forth in the Vaccine Injury Table (the “Table”), and the accompanying Qualifications and Aids to Interpretation (“QAI”), which afford Petitioner a presumption of causation if the onset of vasovagal syncope occurs within one hour after a meningococcal vaccination, and there is no apparent alternative cause. Id. at 5 (citing 42 C.F.R. §§ 100.3(a), (c)(13)). Respondent also agrees that Petitioner experienced more than six months of residual effects, and that she has otherwise satisfied all legal prerequisites for compensation under the Act. Id. (citing Section 11(c)(1)(D)(ii)).

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