VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00812
Package ID: USCOURTS-cofc-1_16-vv-00812
Petitioner: I.R.H.
Filed: 2016-07-08
Decided: 2017-08-11
Vaccine: DTaP, varicella, Hib
Vaccination date: 2014-08-21
Condition: cellulitis and a scar
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
Rebekah R. Codde, as the parent and legal representative of her minor daughter I.R.H., filed a petition for compensation on July 8, 2016. The petition alleged that I.R.H. received the DTaP, varicella, and Hib vaccines on August 21, 2014. Petitioner claimed that I.R.H. subsequently suffered from cellulitis and a scar, which were caused-in-fact by the vaccines. The case was assigned to the Special Processing Unit. On November 10, 2016, the respondent filed a Rule 4(c) report conceding that the evidence established I.R.H.'s cellulitis was caused-in-fact by the administration of the August 21, 2014 varicella, DTaP, and Hib vaccines, and that the statutory six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 15, 2016, finding petitioner entitled to compensation. Subsequently, on February 10, 2017, the respondent filed a proffer on award of compensation recommending an award of $35,000.00, with the petitioner agreeing to this amount. Chief Special Master Dorsey issued a decision on February 10, 2017, awarding petitioner a lump sum payment of $35,000.00, payable to Rebekah R. Codde as the parent and legal representative of I.R.H., as compensation for all damages available under the Vaccine Act. Petitioner was represented by Elizabeth M. Muldowney of Rawls, McNelis & Mitchell, P.C., and respondent was represented by Christine Mary Becer of the U.S. Department of Justice.

Theory of causation field:
Petitioner alleged that I.R.H. received DTaP, varicella, and Hib vaccines on August 21, 2014, and subsequently developed cellulitis and a scar caused-in-fact by the vaccines. The respondent conceded that the evidence established I.R.H.'s cellulitis was caused-in-fact by the administration of the August 21, 2014 varicella, DTaP, and Hib vaccines and that the statutory six-month sequela requirement was satisfied. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical information regarding the cellulitis or scar. The case was determined to be an "Off-Table" theory. Chief Special Master Nora Beth Dorsey ruled on entitlement on November 15, 2016, based on the respondent's concession. An award of $35,000.00 was made as a lump sum payment on February 10, 2017, based on a proffer agreed to by both parties. Petitioner was represented by Elizabeth M. Muldowney, and respondent was represented by Christine Mary Becer.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00812-0
Date issued/filed: 2017-03-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/15/2016) regarding 16 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00812-UNJ Document 32 Filed 03/01/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0812V
Filed: November 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
REBEKAH R. CODDE, *
As parent and legal representative of *
her minor daughter, I.R.H., *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * DTaP, Varicella, Hib Vaccines; Cellulitis;
* Scar; Special Processing Unit (“SPU”)
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Elizabeth M. Muldowney, Rawls, McNelis & Mitchell, P.C., Richmond, VA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 8, 2016, Rebeka R. Codde (“petitioner”) on behalf of her daughter,
I.R.H., filed a petition for compensation under the National Vaccine Injury Compensation
Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that
I.R.H. received the DTaP, varicella, and Hib vaccines on August 21, 2014, and
thereafter I.R.H. suffered from cellulitis and a scar which was caused-in-fact by the
vaccines. See Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On November 10, 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 “a preponderance of evidence
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-00812-UNJ Document 32 Filed 03/01/17 Page 2 of 2
establishes that I.R.H.’s cellulitis was caused-in-fact by the administration of her August
21, 2014 varicella, DTaP, and Hib vaccines, and that I.R.H.’s injury is not due to factors
unrelated to the administration of the vaccines.” Id. at 2-3. Respondent further agrees
that the statutory six month sequela requirement has been satisfied. 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-00812-1
Date issued/filed: 2017-08-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/10/2017) regarding 28 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00812-UNJ Document 38 Filed 08/11/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0812V
Filed: February 10, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
REBEKAH R. CODDE, *
As parent and legal representative of *
her minor daughter, I.R.H., *
*
Petitioner, * Damages Decision Based on Proffer;
v. * DTaP, Varicella, Hib Vaccines; Cellulitis;
* Scar; Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Elizabeth M. Muldowney, Rawls, McNelis & Mitchell, P.C., Richmond, VA, for petitioner.
Christine M. Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 8, 2016, Rebeka R. Codde (“petitioner”) on behalf of her daughter,
I.R.H., filed a petition for compensation under the National Vaccine Injury Compensation
Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that
I.R.H. received the DTaP, varicella, and Hib vaccines on August 21, 2014, and
thereafter I.R.H. suffered from cellulitis and a scar which was caused-in-fact by the
vaccines. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On November 15, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation. On February 10, 2017, respondent filed a proffer on award of
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-00812-UNJ Document 38 Filed 08/11/17 Page 2 of 4
compensation (“Proffer”) indicating petitioner should be awarded $35,000.00. Proffer at
1. 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
petitioner a lump sum payment of $35,000.00, in the form of a check payable to
petitioner, Rebekah R. Codde, as the parent and legal representative of her minor
daughter, I.R.H. 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

Case 1:16-vv-00812-UNJ Document 38 Filed 08/11/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
REBEKAH R. CODDE, as parent and )
legal representative of her minor daughter, )
I.R.H., )
)
Petitioner, )
) No. 16-812V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$35,000.00 which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $35,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
1 Should petitioner 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 lost earnings, and future pain and suffering.

Case 1:16-vv-00812-UNJ Document 38 Filed 08/11/17 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALTHEA W. DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
Date: February 10, 2017
2