# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 893 V

UNPUBLISHED

AUTUMN MORGAN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 6, 2019

Special Processing Unit (SPU) ;

Rul ing on Entitlement; Concession;
Table Injury; Meningococcal Vaccine; Influneza ( Flu) Vaccine; Vasovagal Syncope

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA , for petitioner.

Colleen Clemons Hartley , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

On June 18, 2019

, Autumn Morgan 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 she suffered “ vasovagal syncope and resulting

i njuries, a ‘ table injury, ’ as a result of the influenza and meningococcal vaccines ” she

recei ved on September 7, 2016

, . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On December 2, 2019

, R espondent filed his Rule 4(c) report in which he

concedes that P etitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report at 1. Specifically, R espondent indicates that

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Managemen t and Promotion of Electronic Government Services). This means the ruling will be available to anyone with access to

the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to

redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such
material from public access.

2 National Childhood Vaccine Injury Act of 19 86, Pub. L. No. 99

- 660, 100 Stat. 3755

. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2 DICP has determined that petitioner’s medical course is consistent with vasovagal syncope following her flu and Meningococcal vaccines on Septem ber 7, 2016 as defined by the Vaccine Injury Table. See 42 C.F.R. § 100.3(a). DICP did not identify any other causes for petitioner’s vasovagal syncope within one hour of her vaccinations, and records show that she suffered the sequela of her injury for mo re than six months after

vaccination. Based on the medical records outlined above, petitioner has met the statutory requirements for entitlement to compensation

. See 42 U.S.C. § 300aa

- 13(a)(1)(B); 42 U.S.C. § 300aa

- 11(c)(1)(D). Therefore,

based on the recor d as it now sta nds, petitioner has satisfied all legal prerequisites for compensation under the Act.

Id. at 6

.

In view of R espondent’s position and the evidence of record, I find that

P etitioner is entitle d to compensation.

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran

Chief Special Master