VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00270
Package ID: USCOURTS-cofc-1_17-vv-00270
Petitioner: K.L.
Filed: 2017-02-27
Decided: 2018-10-02
Vaccine: rotavirus
Vaccination date: 
Condition: ileoileal intussusception
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Jennifer Lugo filed a petition on February 27, 2017, on behalf of her minor child, K.L., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that the rotavirus vaccine caused K.L. to develop ileoileal intussusception. To be eligible for compensation, the petitioner was required to demonstrate either that K.L. suffered an injury listed on the Vaccine Injury Table corresponding to the vaccination, or that the injury was actually caused by the vaccine. The Special Master's decision noted that the record did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence to establish that K.L.'s alleged ileoileal intussusception was vaccine-caused or vaccine-related. The decision emphasized that claims must be supported by medical records or a physician's opinion. In this case, the record did not contain sufficient medical records, nor did it include a medical opinion supporting a finding of entitlement. Consequently, Special Master Mindy Michaels Roth dismissed the case for insufficient proof. The decision was issued on October 2, 2018. Petitioner was represented by Shneur Nathan, Esq., and respondent was represented by Jennifer Reynaud, Esq.

Theory of causation field:
Petitioner Jennifer Lugo, on behalf of minor K.L., alleged that the rotavirus vaccine caused ileoileal intussusception. The petition was filed on February 27, 2017. The case was dismissed by Special Master Mindy Michaels Roth on October 2, 2018, for insufficient proof. The petitioner failed to demonstrate either a "Table Injury" or that the alleged injury was "actually caused" by the vaccine. The record lacked sufficient medical records and a competent physician's opinion to support the claim. No specific medical experts or detailed causation mechanism were presented in the public decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00270-0
Date issued/filed: 2018-10-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/7/2018) regarding 27 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (km) Service on parties made.
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Case 1:17-vv-00270-UNJ Document 28 Filed 10/02/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-270V
Filed: September 7, 2018
* * * * * * * * * * * * * *
JENNIFER LUGO, on Behalf of and *
as Parent of K.L. *
* Dismissal; Rotavirus Vaccine;
Petitioner, * Ileoileal Intussusception.
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Shneur Nathan, Esq., Hale Law L.LC., Chicago, IL, for petitioner.
Jennifer Reynaud, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On February 27, 2017, petitioner filed a petition on behalf of and as parent of her minor
child, K.L., for Vaccine Compensation in the National Vaccine Injury Compensation Program
(“the Program”),2 alleging that the rotavirus vaccine caused her daughter to develop ileoileal
intussusception. The information in the record, however, does not show entitlement to an award
under the Program. On September 7, 2018, petitioner requested that a Dismissal Decision be
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the
Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:17-vv-00270-UNJ Document 28 Filed 10/02/18 Page 2 of 2
issued. Status Report, ECF No. 26.
To receive compensation under the Program, petitioner must prove either 1) that he
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to his vaccination, or 2) that he suffered an injury that was actually caused by a vaccine. See §§
13(a)(1)(A) and 11(c)(1). An examination of the record did not uncover any evidence that
petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence
indicating that petitioner’s alleged injury was vaccine-caused or in any way vaccine-related.
Under the Act, petitioner may not be given a Program award based solely on the
petitioner’s claims alone. Rather, the petition must be supported by either medical records or by
the opinion of a competent physician. § 13(a)(1). In this case, because there are insufficient
medical records supporting petitioner’s claim, a medical opinion must be offered in support.
Petitioner, however, has offered no such opinion that supports a finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to
demonstrate either that he suffered a “Table Injury” or that his injuries were “actually caused” by
a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter
judgment accordingly.
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2