# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1987 V
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UNPUBLISHED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 DAMAGES 1

Dorsey

, Chief Special Master:

On December 20, 2017

, p etitioner 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 p roffer on a ward of compensation (“Proffer”) indicating petitioner should be

1 The un dersigned 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 iden tified 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 Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required to post it on the United State s Court of Federal Claims'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, 10 0 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 award s 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

w ould 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. ) ) ) ) ) ) ) ) ) ) ) ) No. 17-1987V Chief Special Master Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On December 20, 2017, Faith Hoelzel ( “petitioner”) filed a Pet ition 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, 201 4, which resulted in “injuries,

including concussion, dental fract ures, and permanent facial sc arring.” 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 compensatio n under the terms of the Act, and

the Chief Special Master issue d 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 Fait h Hoelzel should b e awarded $100,0 00.00 in actual and

projected pain and suffering. This amount reflects that the aw ard for projected pain and2 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 docu ments Faith Hoelzel’s expenditure of past

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

petitioner should be awarded past unreimbursable expenses in th e 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 n ot required in this case.

Respondent recommends that the compensation provided to Faith H oelzel should be made

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

decision and the Court’s j udgment award the following 1 : a lump sum payment of $101,671.56,

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

expenses ($1,671.56), in the form o f a check payable to petitio ner, 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 e ntry of judgment, the parties reserve the right to move the Court for appropriate relief. In pa rticular, 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. Dunca n Sarah C. Duncan Trial Attorney

Torts Branc h, Civil Division U.S. Department of Justice

P.O. B ox 146 Benjamin Franklin Station Washington, D.C . 20044-0146 Tel: (202) 514- 9729 Fax: (202) 616-4310 DATED: December 17, 2018