# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 1057 V

Filed: May 18, 2015

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

H.S., by his parents and natural *

G uardians GREGORY and SANDRA *

SIMPSON

, *

*

Petitioner, * Ruling on Entitlement; Concession;

* Diptheria Tetanus and acellular

* Pertussis ( “ DT aP ” ); Meningococcal ;

SECRETARY OF HEALTH * Syncope ; Special Processing Unit

AND HUMAN SERVICES, * (“SPU”)

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

R ene e 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”]. Peti tioner s 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

. Petit ion 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) r eport in which she concedes

that petitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I inte nd to

post it on the United States Court of Federal Claims' website, in accordance with the E

- Government Act

of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501

note (2006)) . In accordance with Vaccine Rule 18(b), petitioner has 14 day s 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 withi n this definition, I will reda ct such

material from public access.

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 (2006).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 tim eframe foll owing 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 entitle d to compensation

.

s/Denise K. Vowe ll

Denise K. Vowell

Chief Special Master

3 Res pondent also noted that she initially disputed that H.S. experienced at least six months of r esidual effects prior

to my order of March 13, 2015, in which I made a factual determination that t he injury did persist for at least six

months

. Respondent ’ s Report at 3

- 4.