VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00410 Package ID: USCOURTS-cofc-1_16-vv-00410 Petitioner: R.F. Filed: 2016-03-31 Decided: 2018-09-19 Vaccine: rotavirus Vaccination date: Condition: intussusception Outcome: compensated Award amount USD: 30000 AI-assisted case summary: On March 31, 2016, Christina Majesty and Seth Fruge, as legal representatives of a minor child identified as R.F., filed a petition under the National Vaccine Injury Compensation Program. They alleged that R.F. suffered from intussusception as a result of receiving a rotavirus vaccine. The petition stated that there had been no prior award or settlement of a civil action for damages related to R.F.'s injury. The respondent, the Secretary of Health and Human Services, denied that the rotavirus vaccine caused R.F.'s intussusception or any other injury or condition. Despite the respondent's denial, the parties filed a joint stipulation for compensation on June 7, 2018. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the court. The decision awarded compensation in two parts: a lump sum payment of $2,131.08 to satisfy a State of Louisiana Medicaid lien, payable jointly to the petitioners and The Rawlings Company LLC. Additionally, a lump sum of $27,868.92 was awarded, payable to the petitioners as guardians/conservators of R.F.'s estate, representing compensation for all remaining damages. The total compensation awarded was $30,000. The decision was issued on September 19, 2018. The public decision does not describe the specific date of vaccination, the onset of symptoms, specific medical tests performed, treatments received, or the names of any medical experts. The specific mechanism of causation was not detailed in the public decision. Theory of causation field: Petitioners alleged that minor child R.F. suffered from intussusception as a result of receiving a rotavirus vaccine. Respondent denied causation. The parties filed a joint stipulation for compensation, and the Special Master adopted the stipulation as the decision of the court. The award included $2,131.08 to satisfy a Medicaid lien and $27,868.92 for all remaining damages, totaling $30,000. The public decision does not specify the vaccination date, age at vaccination, onset of symptoms, medical tests, treatments, expert testimony, or a detailed mechanism of causation. The case was resolved via stipulation, not through litigation of the causation theory. Attorneys for the petitioner were Christina Majesty and Seth Fruge, and for the respondent was Adriana Ruth Teitel. The decision was issued by Chief Special Master Nora Beth Dorsey on September 19, 2018. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00410-0 Date issued/filed: 2018-09-19 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 06/07/2018) regarding 49 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00410-UNJ Document 51 Filed 09/19/18 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-410V Filed: June 7, 2018 UNPUBLISHED CHRISTINA MAJESTY and SETH Special Processing Unit (SPU); Joint FRUGE, legal representatives of a Stipulation on Damages; Rotavirus minor child, R.F., Vaccine; Intussusception Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeremy Zivko Soso, Lambert Firm, PLC, New Orleans, LA, for petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On March 31, 2016, 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 allege that R.F. suffered from intussusception as a result of receiving a rotavirus vaccine. Petition at 1; Stipulation, filed June 7, 2018, at ¶ 4. Petitioner further alleges that there has been no prior award or settlement of a civil action for damages as a result of R.F.’s injury. Petition at 3; Stipulation at ¶¶ 5. “Respondent denies that the rotavirus vaccine caused R.F. to suffer intussusception or any other injury or his current condition. ” Stipulation at ¶ 6. Nevertheless, on June 7, 2018, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 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-00410-UNJ Document 51 Filed 09/19/18 Page 2 of 8 finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: • A lump sum payment of $2,131.08, representing compensation for full satisfaction of the State of Louisiana Medicaid lien, in the form of a check payable jointly to petitioners and: The Rawlings Company LLC Attn: John Linn The Rawlings Company, Subrogation Division P.O. Box 2000 LaGrange, KY 40031-200 File No: 18LSM0300647 Petitioners agree to endorse this payment to The Rawlings Company LLC; and • A lump sum of $27,868.92 in the form of a check payable to petitioners as guardians/conservators of R.F.’s estate. Stipulation at ¶ 8. This amount represents compensation for all remaining items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id. The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, 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 Case 1:16-vv-00410-UNJ Document 51 Filed 09/19/18 Page 3 of 8 Case 1:16-vv-00410-UNJ Document 51 Filed 09/19/18 Page 4 of 8 Case 1:16-vv-00410-UNJ Document 51 Filed 09/19/18 Page 5 of 8 Case 1:16-vv-00410-UNJ Document 51 Filed 09/19/18 Page 6 of 8 Case 1:16-vv-00410-UNJ Document 51 Filed 09/19/18 Page 7 of 8 Case 1:16-vv-00410-UNJ Document 51 Filed 09/19/18 Page 8 of 8