VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01862
Package ID: USCOURTS-cofc-1_17-vv-01862
Petitioner: B.C.
Filed: 2017-12-01
Decided: 2018-11-05
Vaccine: rotavirus
Vaccination date: 2016-07-26
Condition: intussusception
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
On December 1, 2017, Rachelle Gucwa filed a petition as the parent and natural guardian of her minor son, B.C., alleging that B.C. suffered intussusception after receiving a rotavirus vaccine on July 26, 2016. The respondent filed a Rule 4(c) report on June 13, 2018, conceding entitlement to compensation. The respondent concluded that B.C. developed intussusception approximately five days after the rotavirus vaccination, that this timing qualified as a Table injury, that no other causes had been identified, and that the injury met the statutory requirements by resulting in inpatient hospitalization and surgical intervention. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 13, 2018, finding B.C. entitled to compensation. On November 2, 2018, the respondent filed a proffer on the award of compensation. The Chief Special Master issued a decision on November 5, 2018, awarding damages based on this proffer. The award directed an amount sufficient to purchase an annuity contract that will provide a certain lump-sum payment of $87,504.36 to B.C. on May 23, 2034, or to his estate if he dies before that date. The public decision does not state the annuity purchase price. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. The public decision does not describe the specific onset symptoms, diagnostic tests, or treatments for B.C.'s condition.

Theory of causation field:
Petitioner Rachelle Gucwa filed on behalf of minor B.C. on December 1, 2017, alleging intussusception resulting from a rotavirus vaccine administered on July 26, 2016. Respondent conceded entitlement in a June 13, 2018 Rule 4(c) report, finding that B.C. suffered intussusception approximately five days post-vaccination, qualifying as a Table injury. Respondent also agreed that no other causes were identified and that the injury met severity requirements through inpatient hospitalization and surgical intervention. Chief Special Master Nora Beth Dorsey ruled on entitlement on June 13, 2018. Damages were awarded on November 5, 2018, via a proffer stipulating an amount sufficient to purchase an annuity contract providing a lump sum of $87,504.36 to B.C. on May 23, 2034, or to his estate. The public decision does not state the annuity purchase price. Petitioner's counsel was Maximillian J. Muller; respondent's counsel was Camille Michelle Collett. The public decision does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01862-0
Date issued/filed: 2018-09-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/13/2018) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01862-UNJ Document 22 Filed 09/19/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1862V
Filed: June 13, 2018
UNPUBLISHED
B.C., a minor, by and through his
parent and natural guardian, Special Processing Unit (SPU);
RACHELLE GUCWA, Ruling on Entitlement; Concession;
Table Injury; Rotavirus Vaccine;
Petitioner, Intussusception
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 1, 2017, Rachelle Gucwa (“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”) on behalf of her son, B.C. Petitioner alleges
that B.C. suffered from intussusception as a result of a rotavirus vaccine he received on
July 26, 2016. Petition at 1. 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).
1

Case 1:17-vv-01862-UNJ Document 22 Filed 09/19/18 Page 2 of 2
On June 13, 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
at 1. Specifically, respondent concludes that “B.C. suffered intussusception
approximately five days following the rotavirus vaccine administered on July 26, 2016,
which qualifies as a Table injury.” Id. at 7. Respondent further agrees that no other
causes have been identified and that B.C.’s intussusception meets the statutory
requirements for suffering a condition that resulted in inpatient hospitalization and
surgical intervention. Id. at 7-8. Therefore, based on the record as it now stands,
respondent’s position is that petitioner has satisfied all legal prerequisites for
compensation under the Act.
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_17-vv-01862-1
Date issued/filed: 2018-12-19
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/05/2018) 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-01862-UNJ Document 30 Filed 12/19/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1862V
Filed: November 5, 2018
UNPUBLISHED
B.C., a minor, by and through his
parent and natural guardian,
RACHELLE GUCWA,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Rotavirus Vaccine; Intussusception
v.
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 1, 2017, Rachelle Gucwa (“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”) on behalf of her son, B.C. Petitioner alleges
that B.C. suffered from intussusception as a result of a rotavirus vaccine he received on
July 26, 2016. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
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-01862-UNJ Document 30 Filed 12/19/18 Page 2 of 5
On June 13, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation. On November 2, 2018, respondent filed a proffer on award of
compensation (“Proffer”) recommending that the undersigned award the following: an
amount sufficient to purchase an annuity contract, paid to the life insurance company
from which the annuity will be purchased, subject to the conditions described in the
attached proffer, that will provide a certain lump sum payment to B.C. as follows:
$87,504.36 payable in a certain lump sum on May 23, 2034. 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. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
an amount sufficient to purchase an annuity contract, paid to the life insurance
company from which the annuity will be purchased, subject to the conditions
described in the attached proffer that will provide a certain lump sum payment to
B.C. as set forth below:
$87,504.36 payable in a certain lump sum on May 23, 2034.
This amount 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-01862-UNJ Document 30 Filed 12/19/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
B.C., a minor, by and through his )
parent and natural guardian, )
RACHELLE GUCWA, )
) No. 17-1862V
Petitioner, ) Chief Special Master
) Nora Beth Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
On June 13, 2018, respondent filed a Rule 4(c) Report conceding petitioner’s entitlement
to compensation for B.C.’s intussusception allegedly sustained as a result of a rotavirus vaccine
administered on July 26, 2016. On June 13, 2018, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to damages in this case. Respondent now proffers that
B.C. receive compensation for damages as outlined below.
I. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers, and the parties recommend, that
compensation be made through future annuity payments as described below, and request that the
Chief Special Master's decision and the Court's judgment award the following:1
1 Should B.C. 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.
1

Case 1:17-vv-01862-UNJ Document 30 Filed 12/19/18 Page 4 of 5
A. Annuity
An amount sufficient to purchase an annuity contract,2 paid to the life insurance
company3 from which the annuity will be purchased,4 subject to the conditions described below,
that will provide a certain lump sum payment to B.C. as set forth below:
$87,504.36 payable in a certain lump sum on May 23, 2034.
Should B.C. predecease the certain lump sum payment set forth above, said payment
shall be made to his estate. Written notice to the Secretary of Health and Human Services and to
the Life Insurance Company shall be provided within twenty (20) days of B.C.’s death.
This amount represents all elements of compensation to which B.C. would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.5
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 At the time payment is received, B.C. will be an adult, and thus guardianship is not
required.
2

Case 1:17-vv-01862-UNJ Document 30 Filed 12/19/18 Page 5 of 5
II. Summary of Recommended Payments Following Judgment
A. An amount sufficient to purchase the annuity contract described above in section
I. A.
Petitioner agrees with the proffered award as representing all elements of compensation
under 42 U.S.C. § 300aa-15(a) to which B.C. is entitled.
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
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) 616-4098
Dated: November 2, 2018
3