In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-1987V

Filed: December 19, 2018

UNPUBLISHED

FAITH HOELZEL,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Vasovagal 

Syncope

Jerome Albert Hierseman, End Hierseman and Crain LLC, Milwaukee, WI, for petitioner.

Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On December 20, 2017, petitioner 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 that she suffered a syncopal episode upon 

receiving an influenza vaccine on December 23, 2014, which resulted in “injuries,

including concussion, dental fractures, and permanent facial scarring.” Petition at 1. 

The case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 30, 2018, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for her alleged injury. On December 17, 2018, respondent 

filed a proffer on award of compensation (“Proffer”) indicating petitioner should be 

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

This means the decision 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, the 

undersigned agrees that the identified material fits within this definition, the undersigned will redact such 

material from public access. Because this unpublished decision contains a reasoned explanation for the 

action in this case, undersigned is 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 

Management and Promotion of Electronic Government Services).

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

awarded $101,671.56, which includes $100,000.00 for actual and projected pain and 

suffering. Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees 

with the proffered award. Based on the record as a whole, the undersigned finds that 

petitioner is entitled to an award as stated in the Proffer. Id. 

Pursuant to the terms stated in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $101,671.56 in the form of a check payable to 

petitioner, Faith Hoelzel. This amount represents compensation for all damages that 

would be available under § 15(a). 

The clerk of the court is directed to enter judgment in accordance with this 

decision.3

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

 

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

FAITH HOELZEL, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES, 

Respondent. 

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No. 17-1987V 

Chief Special Master Dorsey 

ECF 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

 On December 20, 2017, Faith Hoelzel (“petitioner”) filed a Petition for Compensation 

(“petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine 

Act” or “the Act”). 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she suffered a syncopal 

episode upon receiving an influenza vaccine on December 23, 2014, which resulted in “injuries, 

including concussion, dental fractures, and permanent facial scarring.” See Petition at 1. On 

October 29, 2018, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) 

Report indicating that this case is appropriate for compensation under the terms of the Act, and 

the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to 

compensation on October 30, 2018. ECF No. 26; ECF No. 27. 

I. Items of Compensation 

A. Pain and Suffering 

Respondent proffers that Faith Hoelzel should be awarded $100,000.00 in actual and 

projected pain and suffering. This amount reflects that the award for projected pain and 
2 

suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner 

agrees. 

B. Past Unreimbursable Expenses 

Evidence supplied by petitioner documents Faith Hoelzel’s expenditure of past 

unreimbursable expenses related to her vaccine-related injury. Respondent proffers that 

petitioner should be awarded past unreimbursable expenses in the amount of $1,671.56, as 

provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. 

II. Form of the Award 

Petitioner is a competent adult. Evidence of guardianship is not required in this case. 

Respondent recommends that the compensation provided to Faith Hoelzel should be made 

through a lump sum payment as described below and requests that the Chief Special Master’s 

decision and the Court’s judgment award the following1

: a lump sum payment of $101,671.56, 

representing compensation for pain and suffering ($100,000.00), and past unreimbursable 

expenses ($1,671.56), in the form of a check payable to petitioner, Faith Hoelzel. 

III. Summary of Recommended Payments Following Judgment 

Lump sum payable to petitioner, Faith Hoelzel: $101,671.56 

Respectfully submitted, 

JOSEPH H. HUNT 

Assistant Attorney General 

C. SALVATORE D’ALESSIO 

Acting Director 

Torts Branch, Civil Division 

 

 

1

 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court 

for appropriate relief. In particular, respondent would oppose any award for future lost earnings 

and future pain and suffering. 
3 

CATHARINE E. REEVES 

Deputy Director 

Torts Branch, Civil Division 

HEATHER L. PEARLMAN 

Assistant Director 

Torts Branch, Civil Division 

 

 s/ Sarah C. Duncan 

 Sarah C. Duncan 

 Trial Attorney 

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146 

 Benjamin Franklin Station 

 Washington, D.C. 20044-0146 

 Tel: (202) 514-9729 

Fax: (202) 616-4310 

DATED: December 17, 2018