VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01133
Package ID: USCOURTS-cofc-1_17-vv-01133
Petitioner: E.B.
Filed: 2017-08-22
Decided: 2018-08-29
Vaccine: rotavirus
Vaccination date: 2017-06-02
Condition: intussusception
Outcome: compensated
Award amount USD: 53299

AI-assisted case summary:
Judy and Jones Barton, as parents and natural guardians of their minor child E.B., filed a petition for compensation under the National Vaccine Injury Compensation Program on August 22, 2017. They alleged that E.B. suffered intussusception as a result of a rotavirus vaccination received on June 2, 2017. The petition stated that E.B.'s intussusception occurred within the time period listed on the Vaccine Injury Table and required hospitalization and surgical intervention. The respondent, the Secretary of Health and Human Services, reviewed the case and conceded that E.B.'s claim met the Table criteria for intussusception following a rotavirus vaccination, occurring within one to twenty-one days after the vaccination. The respondent also agreed that all statutory and jurisdictional requirements for compensation had been satisfied. On January 12, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding E.B. entitled to compensation. Subsequently, on May 1, 2018, the respondent filed a proffer on award of compensation, which the petitioners agreed to. The proffer recommended an award of $50,000.00 for past and projected pain and suffering, with projected amounts reduced to net present value, and $3,299.31 for past unreimbursable expenses. On August 29, 2018, Chief Special Master Dorsey issued a decision awarding the petitioners a total of $53,299.31. This award consisted of a lump sum payment of $50,000.00 for pain and suffering, payable to Judy Barton and Jones Barton as guardians/conservators for E.B.'s benefit, and a lump sum payment of $3,299.31 for past unreimbursable expenses, payable to Judy Barton and Jones Barton. The public decision does not describe the specific onset symptoms, medical tests, or treatments for E.B.'s condition, nor does it name any specific medical experts. The attorneys for the petitioner were Clifford John Shoemaker, Shoemaker, Gentry & Knickelbein, and for the respondent, Justine Elizabeth Walters from the U.S. Department of Justice.

Theory of causation field:
Petitioners Judy and Jones Barton alleged that their minor child E.B. suffered intussusception as a result of a rotavirus vaccination received on June 2, 2017. The respondent conceded that the claim met the Vaccine Injury Table criteria for intussusception occurring within one to twenty-one days after a rotavirus vaccination. The public text does not detail the specific medical mechanism, expert testimony, or other clinical facts beyond the diagnosis and vaccination. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 12, 2018, finding E.B. entitled to compensation. A subsequent decision on August 29, 2018, awarded a total of $53,299.31, comprising $50,000.00 for pain and suffering (reduced to net present value) and $3,299.31 for past unreimbursable expenses. Attorneys for the petitioner were Clifford John Shoemaker, Shoemaker, Gentry & Knickelbein, and for the respondent, Justine Elizabeth Walters.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01133-0
Date issued/filed: 2018-04-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 1/12/2018) regarding 15 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-01133-UNJ Document 25 Filed 04/27/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1133V
Filed: January 12, 2018
UNPUBLISHED
JUDY BARTON and JONES BARTON,
as parents and natural guardians of
E.B., a minor,
Special Processing Unit (SPU);
Petitioners, Ruling on Entitlement; Concession;
v. Table Injury; Rotavirus Vaccine;
Intussusception
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Clifford John Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 22, 2017, petitioners filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioners allege that E.B. suffered “injuries, including intussusception,
resulting from the adverse effects of a rotavirus vaccination received on June 2, 2017.”
Petition at 1. Petitioners maintain that the onset or manifestation of E.B.’s
intussusception occurred within the time period set forth listed on the Vaccine Injury
Table and no cause for her intussusception was identified. Id. at ¶ 10; see 42 C.F.R. §
100.3(a)(XI) (2017). Petitioners further allege that E.B. received her vaccination in the
United States, that her intussusception resulted in inpatient hospitalization and surgical
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-01133-UNJ Document 25 Filed 04/27/18 Page 2 of 2
intervention, and that neither petitioners nor any other party has filed a civil action or
received compensation for E.B.’s injuries. Petition at ¶¶ 1, 3, 11-13. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On January 12, 2018, respondent filed his Rule 4(c) report in which he concedes
that petitioners are entitled to compensation in this case. Respondent’s Rule 4(c)
Report at 1. Specifically, respondent “has reviewed the facts of this case and
concluded that petitioners’ claim meets the Table criteria for intussusception occurring
within one to twenty-one days after a rotavirus vaccination.” Id. at 3. Respondent
further agrees that all statutory and jurisdiction issues required before compensation
can be awarded have been satisfied. 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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01133-1
Date issued/filed: 2018-08-29
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/02/2018) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01133-UNJ Document 32 Filed 08/29/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1133V
Filed: May 2, 2018
UNPUBLISHED
JUDY BARTON and JONES BARTON,
as parents and natural guardians of
E.B., a minor,
Special Processing Unit (SPU);
Petitioners,
Damages Decision Based on Proffer;
v.
Rotavirus Vaccine; Intussusception
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Clifford John Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 22, 2017, petitioners filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioners allege that E.B. suffered “injuries, including intussusception,
resulting from the adverse effects of a rotavirus vaccination received on June 2, 2017.”
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On January 12, 2018, a ruling on entitlement was issued, finding petitioners
entitled to compensation for E.B.’s intussusception. (ECF No. 15). On May 1, 2018,
respondent filed a proffer on award of compensation (“Proffer”) indicating petitioners
should be awarded $53,299.31, representing $50,000.00 for past and projected pain
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 1:17-vv-01133-UNJ Document 32 Filed 08/29/18 Page 2 of 5
and suffering (with projected amounts reduced to net present value) and $3,299.31 for
past unreimburseable expenses. (ECF No. 26). In the Proffer, respondent represented
that petitioners agree with the proffered award. Id. at 2. Based on the record as a
whole, the undersigned finds that petitioners are entitled to an award as stated in the
Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioners a total of $53,299.31 as follows:
1. A lump sum payment of $50,000.00 for past and projected pain and
suffering in the form of a check payable to petitioners, Judy Barton and
Jones Barton, as guardians/conservators for E.B., for the benefit of
E.B.; and
2. A lump sum payment of $3,299.31 for past unreimburseable expenses in
the form of a check payable to petitioners, Judy Barton and Jones
Barton.
This total amount of $53,299.31 represents compensation for all damages that would be
available under § 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-01133-UNJ Document 32 Filed 08/29/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JUDY BARTON and JONES BARTON, )
as Parents and Natural Guardians of )
E.B., a Minor, )
)
Petitioners, )
) No. 17-1133V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 22, 2017, petitioners, Judy Barton and Jones Barton, on behalf of their minor
child, E.B., filed a petition for compensation under the National Childhood Vaccine Injury Act,
42 U.S.C. §§ 300aa-10 to -34 (“Vaccine Act”), alleging that E.B. suffered from intussusception
as a result of receiving a rotavirus vaccination on June 2, 2017. On January 12, 2018, respondent
filed a Rule 4(c) Report indicating that petitioners are entitled to compensation for E.B.’s
intussusception. For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report. The same day, Chief Special Master Dorsey issued a Ruling on
Entitlement finding that petitioners are entitled to compensation for E.B.’s vaccine-related injury.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that E.B. should be awarded $50,000.00 for actual and projected
pain and suffering. This amount reflects that the award for projected pain and suffering has been

Case 1:17-vv-01133-UNJ Document 32 Filed 08/29/18 Page 4 of 5
reduced to net present value.1 See 42 U.S.C. § 300aa-15(a)(4). Petitioners agree.
B. Past Unreimbursable Expenses
Evidence supplied by petitioners documents their expenditure of past unreimbursable
expenses related to E.B.’s vaccine-related injury. Respondent proffers that petitioners should be
awarded past unreimbursable expenses in the amount of $3,299.31. Petitioners agree.
II. Form of the Award
The parties recommend that compensation provided to E.B. should be made through
lump sum payments as described below and request that the Chief Special Master’s decision and
the Court’s judgment award the following:
A. A lump sum payment of $50,000.00, representing compensation for pain and
suffering, in the form of a check payable to petitioners as guardians/conservators of E.B., for the
benefit of E.B. No payments shall be made until petitioners provide respondent with
documentation establishing that they have been appointed as guardians/conservators of E.B.’s
estate. If petitioners are not authorized by a court of competent jurisdiction to serve as
guardians/conservators of the estate of E.B., 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.B. upon submission of written documentation of such appointment to the Secretary.
B. A lump sum payment of $3,299.31, representing compensation for past
unreimbursable expenses made payable to Judy Barton and Jones Barton, petitioners.
1 Should E.B. 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.
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Case 1:17-vv-01133-UNJ Document 32 Filed 08/29/18 Page 5 of 5
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioners as guardians/conservators of
E.B.’s estate: $50,000.00
B. Lump sum paid to petitioners: $3,299.31
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/ Justine Walters
JUSTINE WALTERS
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) 307-6393
Dated: May 1, 2018
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