In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-254V
Filed: September 21, 2017
UNPUBLISHED
WILLIAM LAHERA,
Special Processing Unit (SPU);
Petitioner, Damages Decision Based on Proffer;
v. Human Papillomavirus (HPV)
Vaccine; Hepatitis A (Hep A)
SECRETARY OF HEALTH AND Vaccine; Vasovagal Syncope
HUMAN SERVICES,
Respondent.
George Edward LaMarche, III, LaMarche Safranko Law, PLLC, Clifton Park, NY, for
petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES 1
Dorsey, Chief Special Master:
On February 22, 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 he fainted and fell following receipt of Hepatitis A
and Human Papillomavirus (Gardasil-9) vaccines on July 24, 2015, resulting in a
fractured nose and partial avulsion and lingual displacement of his number 8 and 9
central incisors. Petition at 1-2. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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.
2National 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).
On June 2, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for vasovagal syncope and resulting injuries caused-in-fact by petitioner’s
Hepatitis A and HPV vaccines. (ECF No. 12.) On September 20, 2017, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
awarded $78,000.00. Proffer at 1. 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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $78,000.00 in the form of a check payable to
petitioner, William Lahera. This amount represents compensation for all damages
that would be available under § 300aa-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.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
WILLIAM LAHERA, )
)
Petitioner, ) No. 17-0254
) SPECIAL MASTER
v. ) Nora Beth Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On June 2, 2017, the Chief Special Master issued a Ruling on Entitlement finding that
petitioner was entitled to vaccine compensation for injuries resulting from an episode syncope
following the administration of an HPV vaccination. Respondent proffers that based on the
evidence of record, petitioner should be awarded $78,000.00. This amount represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the Chief Special Master’s
decision and the Court’s judgment award the following: 1
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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
medical expenses, future lost earnings, and future pain and suffering.
A lump sum payment of $78,000.00, in the form of a check payable to petitioner,
William LaHera. This amount accounts for all elements of compensation under
42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
ALEXIS L. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Linda S. Renzi
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
Ben Franklin Station, P.O. Box 146
Washington, D.C. 20044-0146
Tel.: (202) 616-4133
DATE: September 20, 2017
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