VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01716
Package ID: USCOURTS-cofc-1_16-vv-01716
Petitioner: E.K.
Filed: 2017-09-19
Decided: 2018-10-18
Vaccine: rotavirus
Vaccination date: 2015-10-29
Condition: intussusception
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Jeanette Kuhl, on behalf of her minor son E.K., filed a petition for compensation under the National Vaccine Injury Compensation Program on December 29, 2016. She alleged that E.K. suffered from intussusception after receiving a rotavirus vaccine on or about October 28, 2015. The case was assigned to the Special Processing Unit. On September 19, 2017, the respondent filed a Rule 4(c) report conceding entitlement. The respondent concluded that E.K.'s intussusception met the criteria of the Vaccine Injury Table, creating a presumption of causation, and that the condition resulted in inpatient hospitalization and surgical intervention. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 19, 2017, finding E.K. entitled to compensation. Subsequently, on August 3, 2018, the respondent filed a proffer on award of compensation. The parties agreed to an award of $50,000.00, representing compensation for pain and suffering. Chief Special Master Dorsey issued a decision awarding damages on October 18, 2018, granting a lump sum payment of $50,000.00 to Jeanette Kuhl as guardian/conservator of E.K. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments E.K. received. Petitioner's counsel was Terry Allen Dawes of McKeen & Associates. Respondent's counsel was Amy Paula Kokot of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jeanette Kuhl alleged that E.K. suffered intussusception after receiving a rotavirus vaccine on or about October 28, 2015. The respondent conceded entitlement, stating that E.K.'s intussusception met the criteria of the Vaccine Injury Table (42 C.F.R. § 100.3(a)(XI)) and resulted in inpatient hospitalization and surgical intervention, thus establishing a presumption of causation. The public decision does not name specific medical experts or detail the mechanism of injury. The award was a $50,000.00 lump sum for pain and suffering, agreed upon by the parties. The ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on September 19, 2017, and the decision awarding damages was issued by Chief Special Master Dorsey on October 18, 2018. Petitioner's counsel was Terry Allen Dawes, and respondent's counsel was Amy Paula Kokot.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01716-0
Date issued/filed: 2018-02-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/19/2017) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01716-UNJ Document 30 Filed 02/07/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1716V
Filed: September 19, 2017
UNPUBLISHED
JEANETTE KUHL, on behalf of
E.K., Minor Vaccinee, Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
Petitioner, Table Injury; Rotavirus Vaccine;
v. Intussusception
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Terry Allen Dawes, McKeen & Associates, Detroit MI , for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 29, 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 that E.K.’s receipt of a rotavirus vaccine on or
about October 28, 2015, caused him to suffer intussusception.3 Petition at 1-2. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
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).
3 E.K.’s vaccination record lists an administration date of October 29, 2015. See, e.g.,
Petitioner’s Exhibit (“Pet. Ex.”) 5 at 2, 17.

Case 1:16-vv-01716-UNJ Document 30 Filed 02/07/18 Page 2 of 2
On September 19, 2017, respondent filed his Rule 4(c) report in which he
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, respondent “has concluded that petitioner is entitled to a
presumption of causation because E.K.’s intussusception meets the criteria of the
Vaccine Injury Table. Id. at 4 (citing 42 C.F.R. § 100.3(a)(XI)). Respondent further
agrees that E.K.’s intussusception “resulted in inpatient hospitalization and surgical
intervention.” Id. (quoting 42 U.S.C. § 300aa-11(c)(1)(D)(iii)).
In view of respondent’s position and the evidence of record, 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-01716-2
Date issued/filed: 2018-10-18
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/06/2018) regarding 41 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-01716-UNJ Document 44 Filed 10/18/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1716V
Filed: August 6, 2018
UNPUBLISHED
JEANETTE KUHL, on behalf of
Special Processing Unit (SPU);
E.K., minor vacinee,
Damages Decision Based on Proffer;
Rotavirus Vaccine; Intussusception
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Terry Allen Dawes, McKeen & Associates, Detroit, MI, for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 29, 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 that E.K.’s receipt of a rotavirus vaccine on or
about October 28, 2015, caused him to suffer intussusception.3 Petition at 1-2. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 19, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for E.K.’s intussusception injury. On August 3, 2018,
respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner
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).
3 E.K.’s vaccination record lists an administration date of October 29, 2015. See, e.g.,
Petitioner’s Exhibit (“Pet. Ex.”) 5 at 2, 17.

Case 1:16-vv-01716-UNJ Document 44 Filed 10/18/18 Page 2 of 5
should be awarded $50,000.00. Proffer at 2. 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 $50,000.00 in the form of a check payable to
petitioner, Jeanette Kuhl, as guardian/conservator of E.K. 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
4 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-01716-UNJ Document 44 Filed 10/18/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JEANETTE KUHL, on behalf of E.K., )
a Minor, )
)
Petitioner, )
) No. 16-1716V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On September 19, 2017, respondent filed his Rule 4(c) Report conceding entitlement in
the above-captioned case. That same day, Chief Special Master Dorsey issued a Ruling on
Entitlement finding that petitioner was entitled to a presumption of causation. Specifically,
petitioner’s son, E.K., suffered from intussusception that met the criteria of the Vaccine Injury
Table. E.K.’s intussusception manifested between one and twenty-one days after his receipt of
the second dose of the rotavirus vaccine, and there is not preponderant evidence that his
condition was due to a factor unrelated to the vaccine. Moreover, E.K.’s intussusception
“resulted in inpatient hospitalization and surgical intervention.” See 42 U.S.C. § 300aa-
11(c)(1)(D)(iii).
Based on the evidence of record, respondent proffers that E.K. should be awarded
$50,000.00, which is based entirely on pain and suffering. This amount represents all elements
of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.
1

Case 1:16-vv-01716-UNJ Document 44 Filed 10/18/18 Page 4 of 5
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
lump sum payment of $50,000.00, representing compensation for pain and suffering, in the form
of a check payable to petitioner as guardian/conservator of E.K., for the benefit of E.K. No
payment shall be made until petitioner provides respondent with documentation establishing that
she has been appointed as guardian/conservator of E.K.’s estate. If petitioner is not authorized
by a court of competent jurisdiction to serve as guardian/conservator of the estate of E.K., any
such payment shall be made to the party or parties appointed by a court of competent jurisdiction
to serve as guardian/conservator of the estate of E.K. upon submission of written documentation
of such appointment to the Secretary.1 Petitioner agrees.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
1 Should E.K. die prior to the entry of judgment, respondent reserves 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.
2

Case 1:16-vv-01716-UNJ Document 44 Filed 10/18/18 Page 5 of 5
s/Amy P. Kokot
AMY P. KOKOT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4118
Dated: August 3, 2018
3