VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00167
Package ID: USCOURTS-cofc-1_16-vv-00167
Petitioner: L.G.
Filed: 2016-02-03
Decided: 2016-12-27
Vaccine: rotavirus
Vaccination date: 2015-04-09
Condition: intussusception
Outcome: compensated
Award amount USD: 15465.8

AI-assisted case summary:
On February 3, 2016, Melissa Lopez and Adam Gonzalez filed a petition under the National Vaccine Injury Compensation Program on behalf of their minor child, L.G. They sought compensation for intussusception, bowel resection, and related sequelae, alleging these conditions resulted from a rotavirus vaccine administered on April 9, 2015, when L.G. was four months old. The case was handled in the Special Processing Unit before Chief Special Master Nora Beth Dorsey. On June 20, 2016, the respondent filed a Rule 4(c) report conceding entitlement, stating that L.G. suffered intussusception within the Vaccine Injury Table definition and met the statutory requirements for compensation. Based on this concession and the available evidence, Chief Special Master Dorsey found L.G. entitled to compensation on June 20, 2016. The public entitlement ruling does not describe the first symptom, exact onset date, emergency presentation, diagnostic testing, surgery details, hospitalization, or later clinical course. Damages were resolved by proffer. On December 22, 2016, the respondent filed a proffer indicating the petitioners agreed to the proposed award. Chief Special Master Dorsey issued a damages decision on December 27, 2016, awarding a lump sum of $15,465.80, payable jointly to the petitioners and the Colorado Department of Health Care Policy and Financing to satisfy the State of Colorado Medicaid lien. The petitioners were directed to endorse this payment to the state agency. The decision also awarded an amount sufficient to purchase an annuity for L.G., providing three future lump-sum payments: $19,602.14 on November 26, 2035; $21,602.10 on November 26, 2038; and $23,830.63 on November 26, 2041. This award represented compensation for all damages available under the Vaccine Act. Petitioners were represented in the entitlement ruling by Michael Andrew London of Douglas & London, P.C., and in the damages decision by John Robert Howie, Jr. of Howie Law, P.C.

Theory of causation field:
The petition alleged that a rotavirus vaccine administered on April 9, 2015, to L.G., then four months old, caused intussusception, bowel resection, and sequelae. The respondent conceded entitlement in a Rule 4(c) report filed on June 20, 2016, stating that L.G. suffered intussusception within the Vaccine Injury Table definition and met the statutory requirements for compensation. The public staged text does not provide details on the exact onset date, first symptoms, diagnostic testing, surgical specifics, hospitalization course, named experts, or a non-Table biological mechanism. Chief Special Master Nora Beth Dorsey granted entitlement on June 20, 2016, and awarded damages on December 27, 2016, based on an agreed proffer. The award included a $15,465.80 lump sum for the Colorado Medicaid lien, payable jointly to the petitioners and the Colorado Department of Health Care Policy and Financing, and an amount to purchase an annuity for L.G. The annuity provides future lump-sum payments of $19,602.14 on November 26, 2035, $21,602.10 on November 26, 2038, and $23,830.63 on November 26, 2041. Petitioners filed their petition on February 3, 2016. Entitlement counsel was Michael Andrew London of Douglas & London, P.C., and damages counsel was John Robert Howie, Jr. of Howie Law, P.C.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00167-0
Date issued/filed: 2016-08-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/20/2016) regarding 16 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00167-UNJ Document 20 Filed 08/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0167V
Filed: June 20, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MELISSA LOPEZ and ADAM *
GONZALEZ, on behalf of L.G., a minor *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Rotavirus Vaccine; Intussusception;
* Bowel Resection; Special Processing
SECRETARY OF HEALTH * Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael Andrew London, Douglas & London, P.C., New York, NY, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 3, 2016, Melissa Lopez and Adam Gonzalez (hereinafter
“petitioners”), on behalf of L.G., a minor, filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioners alleged that L.G. suffered intussusception, bowel resection,
and the sequela as a result of a rotavirus vaccine administered to L.G. on April 9, 2015,
when L.G. was 4 months old. Petition at 1. The case was assigned to the Special
Processing Unit (“SPU”) of the Office of Special Masters.
On June 20, 2016, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent states that “L.G. suffered intussusception within the Table
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-00167-UNJ Document 20 Filed 08/04/16 Page 2 of 2
Definition.” Id. at 5. Respondent further agrees that petitioners have met the statutory
requirements for entitlement to compensation. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00167-1
Date issued/filed: 2017-04-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/27/2016) regarding 32 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00167-UNJ Document 41 Filed 04/27/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0167V
Filed: December 27, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MELISSA LOPEZ and ADAM *
GONZALEZ, on behalf of L.G., a minor *
*
Petitioners, * Damages Decision Based on Proffer;
v. * Rotavirus Vaccine; Intussusception;
* Bowel Resection; Special Processing
SECRETARY OF HEALTH * Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioners.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 3, 2016, Melissa Lopez and Adam Gonzalez (“petitioners”) filed a
petition for compensation under the National Vaccine Injury Compensation Program, 42
U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioners alleged that L.G. suffered
intussusception, bowel resection, and the sequela as a result of a rotavirus vaccine L.G.
received on April 9, 2015, when L.G. was four months old. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On June 20, 2016, a ruling on entitlement was issued, finding petitioners entitled
to compensation. On December 22, 2016, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioners should be awarded funds to satisfy the
State of Colorado Medicaid lien in the amount of $15,465.80, and an amount sufficient
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-00167-UNJ Document 41 Filed 04/27/17 Page 2 of 2
to purchase the annuity contract described in section I.B. of the Proffer (1. $19,602.14
payable in a certain lump sum on 11/26/2035, 2. $21,602.10 payable in a certain lump
sum on 11/26/2038, and 3. $23,830.63 payable in a certain lump sum on 11/26/2041).
Proffer at 1-3. 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 attached Proffer, the undersigned awards
the following:
A. A lump sum payment of $15,465.80. representing compensation for
satisfaction of the State of Colorado line, payable jointly to petitioners and
Colorado Department of Health Care Policy and Financing
1570 Grant Street
Denver, CO 80203-1818
Attn: Ron Vialpando
State I.D. No.: O815467
Petitioner agrees to endorse this payment to the State of Colorado.
B. An amount sufficient to purchase an annuity contract described in section
I.B. of the Proffer. The annuity will provide payments to L.G. as set forth
below, and subject to the terms and conditions in the Proffer:
1. $19,602.14 payable in a certain lump sum on 11/26/2035.
2. $21,602.10 payable in a certain lump sum on 11/26/2038.
3. $23,830.63 payable in a certain lump sum on 11/26/2041.
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.3
IT IS SO ORDERED.
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