VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01168
Package ID: USCOURTS-cofc-1_16-vv-01168
Petitioner: E.D.
Filed: 2016-11-18
Decided: 2018-10-22
Vaccine: rotavirus
Vaccination date: 2016-02-18
Condition: intussusception
Outcome: compensated
Award amount USD: 109488

AI-assisted case summary:
On September 20, 2016, E.D., a minor, by and through his parent and natural guardian Chelsie Mann, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that a rotavirus vaccination administered on February 18, 2016, caused E.D. to suffer from intussusception. The case was assigned to the Special Processing Unit. On November 17, 2016, the respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement. The respondent concluded that E.D. suffered the Table injury of intussusception following the rotavirus vaccine within the Table time period, and there was no preponderance of medical evidence indicating an unrelated cause. The respondent also agreed that the injury met the statutory severity requirements due to inpatient hospitalization and surgical intervention. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 18, 2016, finding E.D. entitled to compensation. Subsequently, on November 20, 2017, the respondent filed a proffer on the award of compensation, which the petitioner agreed to. On October 22, 2018, Chief Special Master Dorsey issued a decision awarding damages. The award consisted of a lump sum of $100,000.00, payable to petitioner as guardian/conservator of E.D.'s estate, representing compensation for all elements of compensation. Additionally, a lump sum payment of $9,487.84 was awarded to satisfy a State of Indiana Medicaid lien, payable jointly to petitioner and MDwise Inc. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP. Respondent's counsel was Voris Edward Johnson of the U.S. Department of Justice.

Theory of causation field:
Petitioner E.D., a minor, received a rotavirus vaccination on February 18, 2016. The petitioner alleged that this vaccination caused intussusception, an injury listed on the Vaccine Injury Table. The respondent conceded entitlement, concluding that E.D. suffered the Table injury of intussusception following the rotavirus vaccine within the Table time period and that there was no evidence of an unrelated cause. The respondent also agreed that the injury met the statutory severity requirements due to inpatient hospitalization and surgical intervention. A ruling on entitlement was issued on November 18, 2016, finding E.D. entitled to compensation. On November 20, 2017, the respondent filed a proffer on award of compensation, which the petitioner agreed to. The court awarded a total of $109,487.84, comprising a lump sum of $100,000.00 for all elements of compensation and $9,487.84 to satisfy a State of Indiana Medicaid lien. Chief Special Master Nora Beth Dorsey presided over the case. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Voris Edward Johnson. The theory of causation was based on the Vaccine Injury Table. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01168-0
Date issued/filed: 2017-03-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/18/2016) regarding 9 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01168-UNJ Document 15 Filed 03/02/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-01168V
Filed: November 18, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
E.D., by and through his parent and *
natural guardian, CHELSIE MANN, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Rotavirus Vaccine; Intussusception;
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 20, 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”). Petitioner alleges that the rotavirus vaccination caused E.D. to suffer an
intussusception, an injury listed on the Vaccine Injury Table. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On November 17, 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 “concluded that E.D. suffered the Table injury
of intussusception following a rotavirus vaccine within the Table time period, and there
is not a preponderance of the medical evidence that the intussusception was due to a
factor unrelated to the vaccination.” Id. at 4. Respondent further agrees that “[t]he
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-01168-UNJ Document 15 Filed 03/02/17 Page 2 of 2
claim also meets the statutory severity requirements because the intussusception
resulted in an inpatient hospitalization and surgical intervention.” Id. Finally,
respondent indicates that “based on the record as it now stands, compensation is
appropriate, as 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-01168-2
Date issued/filed: 2018-10-22
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/20/2017) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-01168-UNJ Document 48 Filed 10/22/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1168V
Filed: November 20, 2017
UNPUBLISHED
E.D., by and through his parent and
Special Processing Unit (SPU);
natural guardian, CHELSIE MANN,
Damages Decision Based on Proffer;
Rotavirus Vaccine; Intussusception
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 20, 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”). Petitioner alleges that E.D. suffered an intussusception as a result of a
rotavirus vaccination on February 18, 2016. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On November 18, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for intussusception. On November 20, 2017, respondent filed
a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
certain compensation. Proffer at 1-2. In the Proffer, respondent represented that
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-01168-UNJ Document 48 Filed 10/22/18 Page 2 of 5
petitioner agrees with the proffered award. Id. at 2. 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 compensation:
A. A lump sum of $100,000.00 in the form of a check payable to
petitioner, as guardian/conservator of E.D.’s estate. This amount
represents compensation for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner, as guardian/conservator of
E.D.’s estate, is entitled.
B. A lump sum payment of $9,487.84, representing compensation for
satisfaction of a State of Indiana Medicaid lien, payable jointly to
petitioner and:
MDwise Inc.
Attn: Eric Essley, Vice President and Assistant General Counsel
1200 Madison Avenue, Suite 400
Indianapolis, IN 46225
Reference: Easton Davis/MDwise
Petitioner agrees to endorse this payment to MDwise Inc.
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-01168-UNJ Document 48 Filed 10/22/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
E.D., by and through his parent and natural )
guardian, CHELSIE MANN, )
)
Petitioner, )
) No. 16-1168V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 17, 2016, respondent filed her Rule 4(c) Report, in which he recommended
that the Court find petitioner Chelsea Mann, as parent and natural guardian of E.D., entitled to
compensation, and on November 18, 2016, the Court entered its Ruling on Entitlement, finding
petitioner entitled to compensation. Respondent now proffers that petitioner receive an award
consisting of the following:
A. A lump sum of $100,000.00 in the form of a check payable to petitioner, as
guardian/conservator of E.D.’s estate. This amount represents compensation for all
elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner, as
guardian/conservator of E.D.’s estate, is entitled.1
1 Should E.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.
1

Case 1:16-vv-01168-UNJ Document 48 Filed 10/22/18 Page 4 of 5
B. A lump sum payment of $9,487.84, representing compensation for satisfaction of a
State of Indiana Medicaid lien, payable jointly to petitioner and:
MDwise Inc.
Attn: Eric Essley, Vice President and Assistant General Counsel
1200 Madison Avenue, Suite 400
Indianapolis, IN 46225
Reference: Easton Davis/MDwise
Petitioner agrees to endorse this payment to MDwise Inc.
Petitioner agrees with the proffered award described in paragraphs A and B, above.2
Petitioner further agrees that no payment shall be made until petitioner provides the
Secretary with documentation establishing her appointment as guardian/conservator of the estate
of E.D. under the laws of the State of Indiana. If petitioner is not authorized by a court of
competent jurisdiction to serve as the guardian/conservator of the estate of E.D. at the time a
payment pursuant to the Court’s judgment is to be made, any such payment shall be paid to the
party or parties appointed by a court of competent jurisdiction to serve as guardian/conservator
of the estate of E.D. upon submission of written documentation of such appointment to the
Secretary.
Respectfully submitted,
CHAD A. READLER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
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).
2

Case 1:16-vv-01168-UNJ Document 48 Filed 10/22/18 Page 5 of 5
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior 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) 616-4136
Dated: November 20, 2017
3