VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00146
Package ID: USCOURTS-cofc-1_16-vv-00146
Petitioner: D.S.
Filed: 2016-12-19
Decided: 2017-04-26
Vaccine: rotavirus
Vaccination date: 2013-06-05
Condition: intussusception
Outcome: compensated
Award amount USD: 92543

AI-assisted case summary:
On February 1, 2016, D.S., a minor, by and through his natural guardian Tessa Skrypek, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that D.S. suffered from intussusception as a result of receiving a rotavirus vaccination on June 5, 2013. The case was assigned to the Special Processing Unit. On December 16, 2016, the respondent filed a Rule 4(c) report and proffer, conceding that D.S. suffered intussusception within the Table definition and met the statutory requirements for entitlement to compensation. A ruling on entitlement was issued on December 19, 2016, finding the petitioner entitled to compensation. On April 26, 2017, a decision awarding damages was issued based on the respondent's proffer. The award included compensation through future annuity payments totaling $92,543.29, structured as specific lump sums payable on future dates. The award included a payment of $19,495.61 on February 2, 2034, $21,628.54 on February 2, 2037, $24,145.72 on February 2, 2040, and $27,173.32 on February 2, 2043. The decision noted that should D.S. predecease any of the certain payments, said payments would be made to his estate. The respondent was represented by Robert P. Coleman of the U.S. Department of Justice, and the petitioner was represented by Paul R. Brazil of Muller Brazil, LLP. The decision was issued by Chief Special Master Nora Beth Dorsey.

Theory of causation field:
Petitioner D.S. alleged that a rotavirus vaccination administered on June 5, 2013, caused intussusception. The respondent conceded that D.S. suffered intussusception within the Table definition and met the statutory requirements for entitlement to compensation. The public decision does not describe the specific medical or scientific theory of causation, nor does it name any experts. The case was resolved via concession and proffer, leading to an award of damages. The award was structured as an annuity with specific lump sum payments totaling $92,543.29, payable on future dates: February 2, 2034 ($19,495.61), February 2, 2037 ($21,628.54), February 2, 2040 ($24,145.72), and February 2, 2043 ($27,173.32). The decision was issued by Chief Special Master Nora Beth Dorsey on April 26, 2017, based on a ruling on entitlement dated December 19, 2016. Petitioner counsel was Paul R. Brazil, and respondent counsel was Robert P. Coleman.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00146-0
Date issued/filed: 2017-04-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/19/2016) regarding 23 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. Modified on 6/19/2017 to correct docket text (kh).
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Case 1:16-vv-00146-UNJ Document 32 Filed 04/25/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-146V
Filed: December 19, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
D.S., a minor, by and through his natural *
guardian, TESSA SKRYPEK, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Rotavirus Vaccination;
* Intussusception;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Robert P. Coleman, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 1, 2016, 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 D.S. Petitioner alleges that D.S. suffered from an
intussusception as a result of receiving a rotavirus vaccination on June 5, 2013. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On December 16, 2016, respondent filed her Rule 4(c) report and proffer on
award of compensation in which she concedes that petitioner is entitled to
compensation in this case. Respondent’s Rule 4(c) Report and Proffer on Award of
Compensation at 1. Specifically, respondent “has concluded that D.S. suffered
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. 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 1:16-vv-00146-UNJ Document 32 Filed 04/25/17 Page 2 of 2
intussusception within the Table definition.” Id. at 4. Respondent further agrees that
based on the medical records “petitioner has met the statutory requirements for
entitlement to compensation.” Id. Respondent additionally indicates that “based on the
current record, petitioner has satisfied all legal prerequisites for compensation under the
Act.” Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00146-1
Date issued/filed: 2017-04-26
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 12/19/2016) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00146-UNJ Document 33 Filed 04/26/17 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-146V
Filed: December 19, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
D.S., a minor, by and through his natural *
guardian, TESSA SKRYPEK, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Rotavirus Vaccination;
* Intussusception;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Robert P. Coleman, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 1, 2016, 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 D.S. Petitioner alleges that D.S. suffered from an
intussusception as a result of receiving a rotavirus vaccination on June 5, 2013. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On December 19, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for the Table Injury of Intussusception. On December 16,
2016, respondent filed a rule 4 (c) report and proffer on award of compensation
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 1:16-vv-00146-UNJ Document 33 Filed 04/26/17 Page 2 of 3
(“Proffer”) indicating petitioner should be awarded compensation through future annuity
payments as directed below. Proffer at 5. 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 Proffer, the undersigned awards petitioner
compensation as follows:
A. An amount sufficient to purchase an annuity contract,3 paid to the life
insurance company4 from which the annuity will be purchased,5 subject to
the conditions described below, that will provide payments to D.S. as set
forth below:
1. $19,495.61 payable in a certain lump sum on February 2, 2034.
2. $21,628.54 payable in a certain lump sum on February 2, 2037.
3. $24,145.72 payable in a certain lump sum on February 2, 2040.
4. $27,173.32 payable in a certain lump sum on February 2, 2043.
Should D.S. 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 D.S.’s death.
Proffer at 5-6. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
3 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more
life insurance companies.
4 The Life Insurance Company must have a minimum of $250,000,000.00 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.
5 Petitioner authorizes the disclosure of certain documents filed by the petitioner 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.
2

Case 1:16-vv-00146-UNJ Document 33 Filed 04/26/17 Page 3 of 3
The clerk of the court is directed to enter judgment in accordance with this
decision.6
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
6 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.
3