VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00566
Package ID: USCOURTS-cofc-1_10-vv-00566
Petitioner: Robert DiMatteo
Filed: 2010-08-19
Decided: 2014-12-01
Vaccine: Varicella
Vaccination date: 2009-08-12
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
On August 19, 2010, Robert and Susan DiMatteo filed a petition for compensation under the National Vaccine Injury Compensation Program on behalf of their minor son, Robert DiMatteo. They alleged that Hepatitis A and Varicella vaccinations administered to Robert DiMatteo on August 12, 2009, caused him to develop transverse myelitis (TM). Patricia Ann Finn represented the petitioner, and Jennifer Reynaud represented the respondent, the Secretary of Health and Human Services. Once Robert DiMatteo reached the age of majority, he was substituted as the petitioner. On November 28, 2014, the respondent filed an amended report conceding that the petitioner was entitled to compensation. The respondent agreed that the evidence established that the petitioner's TM was caused-in-fact by the August 12, 2009 varicella vaccine and was not due to unrelated factors. Based on this concession and a review of the record, Special Master Lisa Hamilton-Fieldman found the petitioner entitled to compensation. The case was then proceeding to the damages phase. The decision on entitlement was issued on December 1, 2014.

Theory of causation field:
The petitioner alleged that the Hepatitis A and Varicella vaccinations administered on August 12, 2009, caused transverse myelitis (TM). The respondent conceded that the evidence established that the petitioner's TM was caused-in-fact by the August 12, 2009 varicella vaccine and was not due to unrelated factors. Special Master Lisa Hamilton-Fieldman ruled on entitlement based on this concession and a review of the record, finding the petitioner entitled to compensation. The case proceeded to the damages phase. The petitioner was represented by Patricia Ann Finn, and the respondent was represented by Jennifer Reynaud. The decision on entitlement was issued on December 1, 2014.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_10-vv-00566-1
Date issued/filed: 2014-12-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/1/2014) regarding 80 Ruling on Entitlement Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00566-UNJ Document 82 Filed 12/23/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 1, 2014
* * * * * * * * * * * * * * * UNPUBLISHED
ROBERT DIMATTEO, *
* No. 10-566V
Petitioner, *
*
v. * Special Master Hamilton-Fieldman
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Ruling on Entitlement; Conceded;
* Varicella Vaccine; Transverse Myelitis
Respondent. * (“TM”).
* * * * * * * * * * * * * * *
Patricia Ann Finn, Patricia Finn Esq., Piermont, NY, for Petitioner.
Jennifer Reynaud, United States Department of Justice, Washington, D.C., for Respondent.
RULING ON ENTITLEMENT1
On August 19, 2010, Robert and Susan DiMatteo filed a petition for compensation on
behalf of their minor son, Robert DiMatteo (“Petitioner”),2 under the National Vaccine Injury
Compensation Program (“the Program”).3 Mr. and Mrs. DiMatteo alleged that Hepatitis A and
Varicella vaccinations administered to Petitioner on August 12, 2009 caused him to suffer from
transverse myelitis (“TM”).
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002 § 205, 44 U.S.C. § 3501 (2006). In
accordance with the Vaccine Rules, each party has 14 days within which to request redaction “of
any information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b). Further, consistent with the rule requirement, a motion for redaction must include a
proposed redacted decision. If, upon review, the undersigned agrees that the identified material
fits within the requirements of that provision, such material will be deleted from public access.
2 Once he reached the age of majority, Robert DiMatteo was substituted for his parents as the
Petitioner in this case. See Order, dated March 27, 2014, at 1.
3 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual
section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:10-vv-00566-UNJ Document 82 Filed 12/23/14 Page 2 of 2
On November 28, 2014, Respondent filed an amended report pursuant to Vaccine Rule
4(c) in which she concedes that Petitioner is entitled to compensation in this case. Specifically,
Respondent agrees that “a preponderance of the evidence establishes that petitioner’s TM was
caused-in-fact by the administration of his August 12, 2009 varicella vaccine, and that
petitioner’s TM is not due to factors unrelated to the administration of the August 12, 2009
varicella vaccine.” Amended Rule 4 Report at 1-2.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. §300aa-13; Vaccine Rule 8(d). In light of
Respondent’s concession and a review of the record, the undersigned finds that Petitioner is
entitled to compensation. This matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2