VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00474
Package ID: USCOURTS-cofc-1_15-vv-00474
Petitioner: J.P.
Filed: 2015-05-11
Decided: 2015-11-16
Vaccine: rotavirus
Vaccination date: 2014-05-12
Condition: intussusception requiring surgical intervention
Outcome: compensated
Award amount USD: 1181831

AI-assisted case summary:
On May 11, 2015, James and Joy Perales filed a petition on behalf of their minor child, J.P., alleging that a rotavirus vaccination administered on May 12, 2014, caused J.P. to suffer from intussusception requiring surgical intervention. The case was assigned to the Special Processing Unit. The respondent filed a report conceding that J.P.'s intussusception was caused by the rotavirus vaccine. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on July 13, 2015, finding J.P. entitled to compensation. Subsequently, the parties submitted a proffer for compensation. Chief Special Master Nora Beth Dorsey issued a decision on November 16, 2015, awarding J.P. $2,163.32 for past unreimbursable expenses. The decision also awarded an amount sufficient to purchase an annuity contract for future compensation, including pain and suffering. The annuity was structured to provide annual payments of $6,941.67 for ten years certain, beginning March 12, 2032. The parties agreed that J.P. would not require future medical care or suffer lost earnings capacity, and that future pain and suffering were unlikely. Petitioners were represented by John Howie, Jr. of Howie Law, P.C., and the respondent was represented by Lisa Watts of the U.S. Department of Justice. On November 5, 2015, the parties filed a stipulation for attorneys' fees and costs. Chief Special Master Nora Beth Dorsey issued a decision on December 28, 2015, awarding $9,654.98 in attorneys' fees and costs, jointly payable to the petitioners and their counsel, John R. Howie, Jr. The case was resolved through stipulations and proffers.

Theory of causation field:
Petitioners James and Joy Perales filed on behalf of minor J.P., alleging that a May 12, 2014 rotavirus vaccination caused intussusception requiring surgical intervention. The respondent conceded that J.P.'s intussusception was caused-in-fact by the rotavirus vaccine. The public decision does not describe the specific medical mechanism, expert testimony, or the onset of symptoms. Petitioners were awarded $2,163.32 for past unreimbursable expenses and an annuity for pain and suffering, with annual payments of $6,941.67 for ten years certain starting March 12, 2032. Attorneys' fees and costs of $9,654.98 were awarded jointly to petitioners and counsel John Howie, Jr. Chief Special Master Denise Kathryn Vowell ruled on entitlement on July 13, 2015, and Chief Special Master Nora Beth Dorsey issued the damages decision on November 16, 2015, and the attorneys' fees decision on December 28, 2015. The theory of causation was off-Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00474-0
Date issued/filed: 2015-08-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/13/2015) regarding 14 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00474-UNJ Document 16 Filed 08/03/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0474V
Filed: July 13, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JAMES and JOY PERALES, *
on behalf of J.P., a minor, *
*
Petitioners, * Ruling on Entitlement; Concession;
* Rotavirus Vaccine; Intussusception
v. * Requiring Surgical Intervention;
* Special Processing Unit (“SPU”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioners.
Lisa Watts, U.S. Department of Justice, Washington, DC, for respondent.
1
RULING ON ENTITLEMENT
Vowell, Chief Special Master:
On May 11, 2015, James and Joy Perales (“petitioners”) filed a petition for
compensation on behalf of J.P., their minor child, under the National Vaccine Injury
Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act” or
“Program”). The petition alleges that as a result of a rotavirus vaccination on May 12,
2014, J.P. suffered an intussusception requiring surgical intervention. The case was
assigned to the Special Processing Unit of the Office of Special Masters (“SPU”).
On July 13, 2015, respondent filed her Rule 4(c) report [“Res. Report”], wherein
she concedes entitled to compensation in this case. Resp. Report at 4. Specifically,
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend 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 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, I agree that the identified material fits within this definition, I will redact 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).

Case 1:15-vv-00474-UNJ Document 16 Filed 08/03/15 Page 2 of 2
respondent “concluded that J.P.’s intussusception was caused-in-fact by the rotavirus
vaccine that he received on May 12, 2014.” Id. at 3. Additionally, petitioners have
satisfied all legal prerequisites and other requirements for compensation under the
Vaccine Act. Id. at 3-4.
In view of respondent’s concession and the evidence before me, I find that
petitioners are entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00474-1
Date issued/filed: 2015-11-16
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 10/13/2015) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00474-UNJ Document 30 Filed 11/16/15 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-474V
Filed: October 13, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JAMES and JOY PERALES, *
on behalf of J.P., a minor, *
*
Petitioners, * Damages Decision Based on Proffer;
* Rotavirus Vaccine; Intussusception
* Requiring Surgical Intervention;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioners.
Lisa Watts, U.S. Department of Justice, Washington, DC, for respondent.
1
DECISION AWARDING DAMAGES
Dorsey, Chief Special Master:
On May 11, 2015, James and Joy Perales (“petitioners”) filed a petition for
compensation on behalf of J.P., their minor child, under the National Vaccine Injury
Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act” or
“Program”). The petition alleged that as a result of a rotavirus vaccination on May 12,
2014, J.P. suffered an intussusception requiring surgical intervention. Petition at 1, 3.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 13, 2015, I issued a ruling on entitlement, finding petitioners entitled to
compensation. On October 12, 2015, respondent filed a proffer on award of
compensation (“Proffer”). Respondent proffers that, based upon her review of the
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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 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, I agree that the identified material fits within this definition, I will redact 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 (2012).

Case 1:15-vv-00474-UNJ Document 30 Filed 11/16/15 Page 2 of 6
evidence of record, petitioners should be awarded $2,163.32 for past unreimbursable
expenses and an amount sufficient to purchase an annuity contract as described in
Proffer Section II.B. Petitioners agree with the amounts set forth in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
the following:
• A lump sum payment of $2,163.32 in the form of a check payable to
petitioners for past unreimbursable vaccine-related medical expenses.
This amount represents all elements of compensation to which J.P. would be
entitled under § 300aa-15(a)(1)(B);
• An amount sufficient to purchase the annuity contract described in the
Proffer Section II.B. This amount represents all remaining elements of
compensation to which J.P. would be entitled under § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court SHALL ENTER JUDGMENT herewith.3
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.
2

Case 1:15-vv-00474-UNJ Document 30 Filed 11/16/15 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JAMES and JOY PERALES, on behalf of,
J.P., a minor,
Petitioners,
ECF
v.
No. 15-474V
Chief Special Master
SECRETARY OF HEALTH AND
Nora Beth Dorsey
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON COMPENSATION
I. Items of Compensation
A. Future Unreimbursable Expenses
The parties agree that based upon the evidence of record, J.P. will not require future
medical or rehabilitative care for his vaccine-related injury. Therefore, respondent proffers that
petitioners should not be awarded future unreimbursable expenses on J.P.’s behalf under 42
U.S.C. § 300aa-15(a)(1). Petitioners agree.
B. Lost Future Earnings
The parties agree that based upon the evidence of record, J.P. will not suffer a loss of
earnings capacity as a result of his vaccine-related injury. Therefore, respondent proffers that
petitioners should not be awarded anticipated loss of earnings on J.P.’s behalf under 42 U.S.C.
§ 300aa-15(a)(3)(B). Petitioners agree.
C. Pain and Suffering
Respondent proffers that J.P. should be awarded compensation for actual pain and
suffering for his vaccine-related injury under 42 U.S.C. § 300aa-15(a)(4). Such compensation
shall be in the form of an annuity as forth in section II.B. below. The parties agree that it is
1

Case 1:15-vv-00474-UNJ Document 30 Filed 11/16/15 Page 4 of 6
unlikely that J.P.’s vaccine-related injury will cause him pain and suffering in the future.
Petitioners agree.
D. Past Unreimbursable Expenses
Documents supplied by petitioners show that they have incurred past unreimbursable
expenses as a result of J.P.’s vaccine-related injury. Respondent proffers that petitioners should
be awarded $2,163.32 for past unreimbursable expenses. Petitioners agree.
E. Medicaid Lien
Petitioners represent that there is no Medicaid lien outstanding against J.P. for care
associated with his vaccine-related injury.
II. Form of the Award
Based upon the evidence of record, respondent proffers, and the parties recommend, that
compensation be made through a combination of a lump sum and future annuity payments as
described below, and request that the Chief Special Master’s decision and the Court’s judgment
award the following:
A. A lump sum of $2,163.32 paid to petitioners, representing compensation for past
unreimbursable vaccine-related medical expenses. This amount represents all
elements of compensation to which J.P. would be entitled under 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioners agree.
B. An amount sufficient to purchase an annuity contract,1 paid to the life insurance
company2 from which the annuity will be purchased,3 subject to the conditions
described below, that will provide payments to J.P. as set forth below:
1 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life
insurance companies.
2

Case 1:15-vv-00474-UNJ Document 30 Filed 11/16/15 Page 5 of 6
1. Beginning March 12, 2032, $6,941.67 payable annually for ten (10) years certain
only.
This amount represents all remaining elements of compensation to which J.P. would
be entitled under 42 U.S.C. § 300aa-15(a). Petitioners agree.4
Should J.P. predecease any of the certain payments set forth above, said payments shall be made
to his estate. Written notice to the Secretary of Health and Human Services and to the Life
Insurance Company shall be provided within twenty (20) days of J.P.’s death.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioners for past expenses: $ 2,163.32
B. An amount sufficient to purchase the annuity contract described
above in section II. B.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
2 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of any
mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from
two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA, AA+, or
AAA.
3 Petitioners authorize the disclosure of certain documents filed by the petitioners in this case consistent with the
Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of
Records, No. 09-15-0056.
4 At the time payment is received, J.P. will be an adult, and thus guardianship is not required.
3

Case 1:15-vv-00474-UNJ Document 30 Filed 11/16/15 Page 6 of 6
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/Lisa A. Watts
LISA A. WATTS
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) 616-4099
Date: October 12, 2015.
4

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DOCUMENT 3: USCOURTS-cofc-1_15-vv-00474-2
Date issued/filed: 2015-12-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/05/2015) regarding 27 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00474-UNJ Document 31 Filed 12/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-474V
Filed: November 5, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
JAMES and JOY PERALES, *
on behalf of J.P., a minor, *
*
Petitioners, *
v. *
* Attorneys’ Fees and Costs; Stipulation;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioners.
Lisa Watts, U.S. Department of Justice, Washington, DC, for respondent.
1
DECISION ON ATTORNEYS’ FEES AND COSTS
Dorsey, Chief Special Master:
On May 11, 2015, James and Joy Perales (“petitioners”) filed a petition for
compensation on behalf of J.P., their minor child, under the National Vaccine Injury
Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act” or
“Program”). The petition alleged that as a result of a rotavirus vaccination on May 12,
2014, J.P. suffered an intussusception requiring surgical intervention. Petition at 1, 3.
On October 13, 2015, the undersigned issued a decision awarding compensation to
petitioners based on respondent’s proffer.
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, 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 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.
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 (2012).

Case 1:15-vv-00474-UNJ Document 31 Filed 12/28/15 Page 2 of 2
On November 5, 2015, the parties filed a Stipulation of Fact Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $9,654.98. In accordance with General Order #9, petitioners’ counsel
represents that petitioners incurred no out-of-pocket expenses.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
3
Accordingly, the undersigned awards the total of $$9,654.98 as a lump
sum in the form of a check jointly payable to petitioners and petitioners’ counsel,
John R. Howie, Jr.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 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.
2