VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00774
Package ID: USCOURTS-cofc-1_17-vv-00774
Petitioner: A.T.A.
Filed: 2017-06-12
Decided: 2019-04-19
Vaccine: rotavirus
Vaccination date: 2014-09-17
Condition: intussusception
Outcome: compensated
Award amount USD: 101843

AI-assisted case summary:
On June 12, 2017, Amy NMN Hayes, as natural guardian and legal representative of her minor child, A.T.A., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that A.T.A. suffered from intussusception two days after receiving a rotavirus vaccine on September 17, 2014. The case was assigned to the Special Processing Unit. On April 20, 2018, the respondent filed a Rule 4(c) report conceding entitlement. The respondent stated that A.T.A. was entitled to the presumption of causation because the intussusception first manifested within one to twenty-one days after the first rotavirus vaccine and because the record did not show, by a preponderance of the evidence, that the condition was due to a factor unrelated to vaccination. The respondent also agreed that the legal prerequisites for compensation had been met. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 15, 2018, finding A.T.A. entitled to compensation. The public entitlement and damages documents do not provide a detailed clinical course, treatment timeline, surgery history, or hospitalization narrative for the intussusception; the case was resolved through concession and proffer rather than a litigated medical ruling. On April 17, 2019, the respondent filed a proffer on damages, and the petitioner agreed with the proposed award. Chief Special Master Dorsey awarded damages on April 19, 2019. The compensation consisted of a $6,358.28 lump sum payable jointly to petitioner and the North Carolina Division of Health Benefits for reimbursement of a State of North Carolina Medicaid lien, plus an amount sufficient to purchase an annuity that will make a guaranteed lump-sum payment of $95,485.00 to A.T.A. on or about July 3, 2032. The proffer stated that A.T.A. will be an adult when that annuity payment is made, so evidence of guardianship was not required. Petitioner was represented by Nancy Routh Meyers of Ward Black Law in Greensboro, North Carolina. Respondent's attorney was Jennifer Leigh Reynaud.

Theory of causation field:
The first rotavirus vaccine was administered on September 17, 2014, to minor A.T.A., and the intussusception allegedly first manifested two days later, within the 1-21 day interval specified in the Vaccine Injury Table for the first rotavirus vaccine dose. Respondent conceded entitlement on April 20, 2018, stating that A.T.A. met the presumption of causation criteria and that no unrelated factors were proven. The public record does not detail the clinical course, treatment, or specific medical findings, nor does it include expert testimony or a discussion of alternative diagnoses. Chief Special Master Nora Beth Dorsey ruled A.T.A. entitled to compensation on June 15, 2018. Damages were awarded on April 19, 2019, based on respondent's April 17, 2019 proffer. The award includes a $6,358.28 lump sum for a North Carolina Medicaid lien, payable jointly to petitioner and the Division of Health Benefits, and an amount sufficient to purchase an annuity providing a guaranteed $95,485.00 lump sum payment to A.T.A. on or about July 3, 2032. The total stated future benefit is $101,843.28. Petitioner's counsel was Nancy Routh Meyers of Ward Black Law; respondent's counsel was Jennifer Leigh Reynaud.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00774-0
Date issued/filed: 2018-09-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/15/2018) regarding 33 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00774-UNJ Document 41 Filed 09/20/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-774V
Filed: June 15, 2018
UNPUBLISHED
AMY NMN HAYES, as Natural
Guardian and Legal Representative of
ATA, a minor,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Rotavirus Vaccine;
Intussusception
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 12, 2017, petitioner filed a petition for compensation on behalf of ATA, a
minor, under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10,
et seq.,2 (the “Vaccine Act”). Petitioner alleges that as a result of receiving a rotavirus
vaccination on September 17, 2014, ATA suffered from an intussusception two days
after receipt of said vaccination.. Petition at 9. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 20, 2018, 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
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 1:17-vv-00774-UNJ Document 41 Filed 09/20/18 Page 2 of 2
at 1. Specifically, respondent states that “[p]etitioner is entitled to a presumption of
causation because ATA’s intussusception first manifested within one to twenty-one days
of his receipt of his first rotavirus vaccine, and there is not a preponderance of evidence
that his condition is due to a factor unrelated to his rotavirus.” Id. at 3. Respondent
further agrees that “based on the record as it now stands, petitioner has satisfied all
legal prerequisites for compensation under the Vaccine Act.” Id.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_17-vv-00774-2
Date issued/filed: 2019-09-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/19/2019) regarding 47 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00774-UNJ Document 59 Filed 09/11/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-774V
Filed: April 19, 2019
UNPUBLISHED
AMY NMN HAYES, as Natural
Guardian and Legal Representative of
A.T.A., a Minor,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Rotavirus Vaccine; Intussusception
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 12, 2017, 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 A.T.A. suffered from an intussusception as a result of
receiving a rotavirus vaccination on September 17, 2014. Petition at 9. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On June 15, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for A.T.A.’s intussusception. On April 17, 2019, respondent filed a
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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 1:17-vv-00774-UNJ Document 59 Filed 09/11/19 Page 2 of 5
proffer on award of compensation (“Proffer”). Respondent proffers that, based upon his
review of the evidence of record, petitioner should be awarded: (A) a lump sum of
$6,358.28, which amount represents reimbursement of a State of North Carolina
Medicaid Lien, and (B) an amount sufficient to purchase an annuity contract as
described in Proffer Section II.B.
In the Proffer, respondent represented that petitioner agrees with the proffered
award. Id. 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:
A. A lump sum of $6,358.28, which amount represents reimbursement of a
State of North Carolina Medicaid Lien for services rendered on behalf of
A.T.A., the form of a check payable jointly to petitioner and
Division of Health Benefits
Office of the Controller
2022 Mail Service Center
Raleigh, NC 27699-2022
Petitioner agrees to endorse this payment to the appropriate State agency.
B. An amount sufficient to purchase the annuity contract described in the
Proffer Section II.B.
This amount stated in Section II of the attached proffer represents all elements of
compensation to which A.T.A. would be entitled under 42 U.S.C. § 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 1:17-vv-00774-UNJ Document 59 Filed 09/11/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
AMY NMN HAYES, as Natural Guardian and
Legal Representative of A.T.A., a minor,
Petitioner,
No. 17-774V
v.
Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On June 12, 2017, Amy Nmn Hayes (“petitioner”) filed a petition for compensation
(“Petition”), on behalf of her minor child, A.T.A., under the National Childhood Vaccine Injury
Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended. Respondent
conceded A.T.A.’s entitlement to compensation in his Rule 4(c) Report filed on April 20, 2018.
Based on Respondent’s Rule 4(c) Report the Chief Special Master found A.T.A. entitled to
compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that A.T.A. should be awarded
the compensation described in Section II below.1 This amount represents all elements of
compensation to which A.T.A. would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.
1 Should A.T.A. die prior to the 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.
1

Case 1:17-vv-00774-UNJ Document 59 Filed 09/11/19 Page 4 of 5
II. Form of the Award
Respondent recommends that the compensation provided to A.T.A. should be made
through a combination of a lump sum payment and a future annuity payment as described below,
and requests that the special master’s decision and the Court’s judgment award the following:
A. A lump sum of $6,358.28, which amount represents reimbursement of a State of
North Carolina Medicaid Lien for services rendered on behalf of A.T.A., the form
of a check payable jointly to petitioner and
Division of Health Benefits
Office of the Controller
2022 Mail Service Center
Raleigh, NC 27699-2022
Petitioner agrees to endorse this payment to the appropriate State agency.
B. An amount sufficient to purchase an annuity contract2 that will provide for a
guaranteed lump sum payment of $95,485.00 to be made on or about July 3, 2032,
paid to the life insurance company3 from which the annuity will be purchased.4,5
Petitioner agrees.
2 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life
insurance companies.
3 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of any
mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from
two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA, AA, AA+, or
AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA,
AA+, or AAA.
4 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case consistent with the
Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of
Records, No. 09-15-0056.
5 This period certain payment shall be made as set forth; however, should A.T.A. predecease the date of payment
referenced above in this paragraph or be declared incompetent by a court with proper jurisdiction, then the
payment shall be made to A.T.A.’s estate. Written notice to the Secretary of Health and Human Services and the
Life Insurance Company shall be provided within twenty (20) days of A.T.A.’s death.
2

Case 1:17-vv-00774-UNJ Document 59 Filed 09/11/19 Page 5 of 5
A.T.A. will be an adult when the annuity payment referenced above is made. Evidence
of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
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
/s Jennifer L. Reynaud
JENNIFER L. REYNAUD
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 305-1586
DATED: April 17, 2019
3