VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-01029
Package ID: USCOURTS-cofc-1_13-vv-01029
Petitioner: E.J.N.
Filed: 2013-12-30
Decided: 2014-04-01
Vaccine: RotaTeq
Vaccination date: 2012-10-02
Condition: intussusception requiring surgical intervention
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
On December 30, 2013, April Noon, as the mother and natural guardian of E.J.N., an infant, filed a petition under the National Childhood Vaccine Injury Act. The petition alleged that E.J.N. suffered intussusception requiring surgical intervention as a result of receiving the RotaTeq vaccine on October 2, 2012. The respondent, the Secretary of Health and Human Services, filed a Vaccine Rule 4(c) Report on March 25, 2014, conceding that E.J.N. suffered from intussusception requiring surgical intervention after receiving the RotaTeq vaccine and recommending compensation. Respondent subsequently filed a proffer on April 1, 2014, stating that no future medical expenses, lost future earnings, past unreimbursable expenses, or Medicaid lien were being claimed. Special Master Laura D. Millman issued a decision on April 1, 2014, awarding E.J.N. a lump sum of $35,000.00 for actual and projected pain and suffering. This award was to be paid to April Noon as guardian or conservator of E.J.N.'s estate. Petitioner was represented by Larry Rosenfeld of Babylon, New York, and respondent was represented by Claudia B. Gangi of Washington, DC. A subsequent decision on October 29, 2014, addressed attorneys' fees and costs. Following a stipulation of fact filed by the parties, Special Master Millman awarded $12,565.00 for attorneys' fees and costs. This amount was to be paid by check jointly to April Noon and Seidner, Rosenfeld & Guttentag, L.L.P.

Theory of causation field:
Petitioner E.J.N., an infant, received the RotaTeq vaccine on October 2, 2012. The petition alleged that E.J.N. suffered intussusception requiring surgical intervention as a result of this vaccination. The respondent conceded in a March 25, 2014 Rule 4(c) report that E.J.N. suffered from intussusception requiring surgical intervention after receiving the RotaTeq vaccine and recommended compensation. Special Master Laura D. Millman issued a decision on April 1, 2014, awarding $35,000.00 as a lump sum for actual and projected pain and suffering. The proffer indicated no claims for future medical expenses, lost future earnings, past unreimbursable expenses, or Medicaid lien. A subsequent decision on October 29, 2014, awarded $12,565.00 for attorneys' fees and costs, payable jointly to petitioner April Noon and her counsel, Seidner, Rosenfeld & Guttentag, L.L.P. Petitioner was represented by Larry Rosenfeld, and respondent by Claudia B. Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-01029-0
Date issued/filed: 2014-04-23
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 04/01/2014) regarding 10 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-01029-UNJ Document 11 Filed 04/23/14 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-1029V
Filed: April 1, 2014
Not for Publication
*************************************
E.J.N., an Infant, by his Mother and *
Natural Guardian, APRIL NOON, *
*
Petitioner, *
* Damages decision based on proffer;
v. * RotaTeq vaccine; intussusception
* requiring surgical intervention
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Larry Rosenfeld, Babylon, NY, for petitioner.
Claudia B. Gangi, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On December 30, 2013, petitioner filed a petition under the National Childhood Vaccine
Injury Act, 42 U.S.C. § 300aa-10–34 (2006), alleging that E.J.N. suffered intussusception
requiring surgical intervention as a result of receiving RotaTeq vaccine on October 2, 2012. On
March 25, 2014, respondent filed a Vaccine Rule 4(c) Report, conceding that E.J.N. suffered
from intussusception requiring surgical intervention after receipt of RotaTeq vaccine and
1 Because this decision contains a reasoned explanation for the special master's action in this case, the
special master intends to post this decision on the United States Court of Federal Claims's website, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the
public unless they contain trade secrets or commercial or financial information that is privileged and
confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted
invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact
such information prior to the document=s disclosure. If the special master, upon review, agrees that the
identified material fits within the banned categories listed above, the special master shall redact such
material from public access.
1

Case 1:13-vv-01029-UNJ Document 11 Filed 04/23/14 Page 2 of 6
recommending that petitioner be awarded compensation.
On April 1, 2014, respondent filed Respondent’s Proffer on Award of Compensation.
The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole,
the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to
the terms stated in the attached proffer, the court awards petitioner a lump sum payment of
$35,000.00, representing compensation for actual and projected pain and suffering. The award
shall be in the form of a check made payable to petitioner, April Noon, as guardian/conservator
of E.J.N.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: April 1, 2014 /s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:13-vv-01029-UNJ Document 11 Filed 04/23/14 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
E.J.N., an infant by his )
mother and natural guardian, )
APRIL NOON, )
)
Petitioner, )
) No. 13-1029V
v. ) Special Master Millman
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 30, 2013, petitioner, on behalf of her son, E.J.N., filed a petition for
compensation under the National Childhood Vaccine Injury Act of 1986 (the “Vaccine Act”), as
amended. 42 U.S.C. §§ 300aa-1 et seq. Petitioner alleges that after E.J.N. received RotaTeq
vaccine on October 2, 2012, he suffered from intussusception, requiring a surgical intervention.
The Secretary of Health and Human Services (“respondent”) filed a Vaccine Rule 4(c) report,
conceding that E.J.N. suffered from intussusception requiring surgical intervention after receipt
of RotaTeq vaccine, and recommending that petitioner be awarded compensation. Respondent
hereby submits the following proffer regarding the award of compensation.
I. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, petitioner is not entitled to an
award for projected unreimbusable medical care expenses for E.J.N. incurred from the date of
1

Case 1:13-vv-01029-UNJ Document 11 Filed 04/23/14 Page 4 of 6
judgment as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
B. Lost Future Earnings
Respondent proffers that based upon the evidence of record, E.J.N. has not, and he is not
likely to suffer a loss of earnings as a result of his vaccine injury. Accordingly, petitioner should
not be awarded lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-
15(a)(3)(A). Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded a lump sum of $35,000.00 for
E.J.N.’s actual and projected pain and suffering. This amount reflects that the award for
projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-
15(a)(4). Petitioner agrees.
D. Past Unreimburseable Expenses
Respondent proffers that based upon the evidence of record, petitioner has not incurred
any past unreimbursable expenses related to E.J.N.’s vaccine-related injury. Petitioner agrees.
E. Medicaid Lien
Petitioners represent that there are no outstanding Medicaid liens related to E.J.N.’s
vaccine-related injury.
II. Form of the Award
The parties recommend that the compensation provided to E.J.N. should
be made through a lump sum payment as described below, and request that the special master’s
decision and the Court’s judgment award the following:
A. A lump sum payment of $35,000.00 (representing compensation for actual and
projected pain and suffering), in the form of a check payable to petitioner, April Noon, as
2

Case 1:13-vv-01029-UNJ Document 11 Filed 04/23/14 Page 5 of 6
guardian/conservator of E.J.N.
B. No payments shall be made until petitioner provides respondent with
documentation establishing that she has been appointed as the guardian/conservator of E.J.N.’s
estate. If petitioner is not authorized by a court of competent jurisdiction to serve as
guardian/conservator of the estate of E.J.N., any such payment shall be made to the party or
parties appointed by a court of competent jurisdiction to serve as guardian/conservator of the
estate of E.J.N. upon submission of written documentation of such appointment to the Secretary.
III. Summary of Recommended Payment Following Judgment
A lump sum payment of $35,000.00, representing compensation for actual and projected
pain and suffering, payable to petitioner as the guardian/conservator of E.J.N.’s estate.
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
3

Case 1:13-vv-01029-UNJ Document 11 Filed 04/23/14 Page 6 of 6
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior 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) 616-4138
Dated: April 1, 2014
4

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-01029-1
Date issued/filed: 2014-11-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/29/2014) regarding 15 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-01029-UNJ Document 16 Filed 11/18/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-1029V
Filed: October 29, 2014
Not for Publication
*************************************
E.J.N., an Infant, by His Mother and *
Natural Guardian, APRIL NOON, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Larry Rosenfeld, Babylon, NY, for petitioner.
Claudia B. Gangi, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On October 29, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any costs in pursuit of her petition. Petitioner submitted her request for attorneys’ fees and
costs to respondent. During informal discussions, respondent raised objections to certain items in
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:13-vv-01029-UNJ Document 16 Filed 11/18/14 Page 2 of 2
petitioner’s application. Based on these objections, petitioner amends her application for
attorneys’ fees and costs to $12,565.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $12,565.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Seidner, Rosenfeld & Guttentag, L.L.P., in the amount of
$12,565.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: October 29, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2