VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01196
Package ID: USCOURTS-cofc-1_15-vv-01196
Petitioner: JUSTIN DIAZ, on behalf of D.J. D.
Filed: 2016-01-06
Decided: 2016-11-02
Vaccine: rotavirus
Vaccination date: 2014-12-30
Condition: intussusception
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Justin Diaz, on behalf of his minor child D.J.D., filed a petition for compensation under the National Vaccine Injury Compensation Program on October 14, 2015. The petition alleged that the DTaP, rotavirus, and/or pneumococcal vaccination administered on December 30, 2014, caused D.J.D. to develop intussusception requiring surgical intervention. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 6, 2016, conceding entitlement to compensation. The respondent stated that the facts of the case supported a finding that D.J.D.'s intussusception was more likely than not caused by the rotavirus vaccine. The record also indicated that D.J.D. was hospitalized for surgical treatment. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 3, 2016, finding D.J.D. entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on August 29, 2016, the respondent filed a proffer on award of compensation. The proffer indicated that the petitioner, as guardian/conservator of the estate of D.J.D., should be awarded $100,000.00, and the petitioner agreed with this amount. Chief Special Master Dorsey issued a decision awarding damages on November 2, 2016, granting a lump sum payment of $100,000.00, payable to Justin Diaz as guardian/conservator of the estate of D.J.D. This amount was intended to compensate for all damages available under the Vaccine Act. Petitioner counsel was Diana Sedar of Maglio Christopher and Toale, PA, and respondent counsel was Ryan Pyles of the U.S. Department of Justice.

Theory of causation field:
Petitioner Justin Diaz, on behalf of minor D.J.D., alleged that the DTaP, rotavirus, and/or pneumococcal vaccination administered on December 30, 2014, caused D.J.D. to develop intussusception requiring surgical intervention. The respondent conceded entitlement, stating that D.J.D.'s intussusception was more likely than not caused by the rotavirus vaccine. The public decision does not describe the specific medical experts consulted, the onset of symptoms, diagnostic tests performed, or the specific mechanism of injury. The case was assigned to the Special Processing Unit. Chief Special Master Nora Beth Dorsey ruled on entitlement on May 3, 2016, finding entitlement based on the respondent's concession. A subsequent decision on November 2, 2016, awarded a lump sum of $100,000.00 to petitioner as guardian/conservator of D.J.D.'s estate, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). Petitioner counsel was Diana Sedar, and respondent counsel was Ryan Pyles.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01196-0
Date issued/filed: 2016-05-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/06/2016) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01196-UNJ Document 25 Filed 05/03/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1196V
Filed: January 6, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JUSTIN DIAZ, on behalf of *
D.J. D., a minor child, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Diphtheria-tetanus-acellular pertussis
* (DTaP) Vaccine; Rotavirus Vaccine;
SECRETARY OF HEALTH * Pneumococcal Vaccine;
AND HUMAN SERVICES, * Intussusception; Surgical Intervention;
* Special Processing Unit (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner;
Ryan Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 14, 2015, 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” or “Program”), on behalf of his minor child, D.J.D. Petitioner alleges that
the diphtheria-tetanus-acellular pertussis (DTaP), rotavirus, and/or pneumococcal
vaccination administered on December 30, 2014, caused D.J.D. to develop
intussusception requiring surgical intervention. See generally Petition. The case was
assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.
On January 6, 2016, respondent filed her Rule 4(c) report in which she concedes
entitlement to compensation in this case. Respt’s Rule 4(c) Rep. at 1, 4. Specifically,
respondent stated that the facts of this case support a finding that D.J.D.’s
intussusception more likely than not was caused in fact by the administration of the
1 Because this unpublished ruling 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-01196-UNJ Document 25 Filed 05/03/16 Page 2 of 2
rotavirus vaccine. Id. at 3. Additionally the record reflects that D.J.D. was hospitalized
for surgical intervention for the treatment of his intussusception. Id. Thus, petitioner
has met the legal requirements under the Vaccine Act for compensation.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-01196-1
Date issued/filed: 2016-11-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/29/2016) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01196-UNJ Document 38 Filed 11/02/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1196V
Filed: August 29, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JUSTIN DIAZ, on behalf of *
D.J. D., a minor child, *
*
Petitioner, * Damages Decision Based on Proffer;
* Diphtheria-tetanus-acellular pertussis
v. * (DTaP) Vaccine; Rotavirus Vaccine;
* Pneumococcal Vaccine;
SECRETARY OF HEALTH * Intussusception; Surgical Intervention;
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner;
Ryan Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 14, 2015, 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”), on behalf of his minor child, D.J.D. Petitioner alleged that the diphtheria-
tetanus-acellular pertussis (DTaP), rotavirus, and/or pneumococcal vaccination
administered on December 30, 2014, caused D.J.D. to develop intussusception
requiring surgical intervention. The case was assigned to the Special Processing Unit
(“SPU”) of the Office of Special Masters.
On January 6, 2016, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation. On August 29, 2016, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner, as guardian/conservator of the
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.
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-01196-UNJ Document 38 Filed 11/02/16 Page 2 of 4
estate of D.J.D., should be awarded $100,000.00. Proffer at 1. In the Proffer,
respondent represented that petitioner agrees with the proffered award.3 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 $100,000.00 in the form of a check payable to
petitioner, Justin Diaz, as guardian/conservator of the estate of D.J.D. 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Petitioner further agrees that no payments shall be made until petitioner provides respondent with
documentation establishing that he has been appointed the guardian/conservator of D.J.D.'s estate. If
petitioner is not authorized by a court of competent jurisdiction to serve as guardian/conservator of the
estate of D.J.D., 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 D.J.D. upon submission of written
documentation of such appointment to the Secretary. Proffer at 1-2.
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

Case 1:15-vv-01196-UNJ Document 38 Filed 11/02/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JUSTIN DIAZ, on behalf of D.J.D, a minor
child,
Petitioner,
No. 15-1196V
v. Chief Special Master Nora Beth Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 6, 2016, respondent filed her Rule 4(c) Report, in which she recommended
that the Court find petitioner entitled to compensation, and on January 6, 2016, the Court entered
its Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now proffers
that petitioner receive an award of a lump sum of $100,000.00 in the form of a check payable to
petitioner, as guardian/conservator of the estate of D.J.D. This amount represents compensation
for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner, as
guardian/conservator of the estate of D.J.D., is entitled.1
Petitioner agrees with the proffered award of $100,000.00.2
Petitioner further agrees that no payments shall be made until petitioner provides
respondent with documentation establishing that he has been appointed as the
1 Should D.J.D. 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 pain and suffering, and future lost wages.
2 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
1

Case 1:15-vv-01196-UNJ Document 38 Filed 11/02/16 Page 4 of 4
guardian/conservator of D.J.D.’s estate. If petitioner is not authorized by a court of competent
jurisdiction to serve as guardian/conservator of the estate of D.J.D., 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 D.J.D. upon submission of written documentation of such
appointment to the Secretary.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
s/ RYAN D. PYLES
RYAN D. PYLES
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-9847
DATED: August 29, 2016
2