VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01879 Package ID: USCOURTS-cofc-1_17-vv-01879 Petitioner: V.S.A. Filed: 2017-12-05 Decided: 2019-05-01 Vaccine: rotavirus Vaccination date: 2014-12-05 Condition: intussusception Outcome: compensated Award amount USD: 4633 AI-assisted case summary: Andrew and Karina Sanchez-Aldana filed a petition on December 5, 2017, on behalf of their minor child, V.S.A. They alleged that V.S.A. suffered from intussusception as a result of receiving the rotavirus vaccine on December 5, 2014. The respondent, the Secretary of Health and Human Services, maintained that the rotavirus vaccine did not cause V.S.A.'s injury. The parties engaged in settlement negotiations, beginning in April 2018, and subsequently filed a stipulation on April 5, 2019. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case. The stipulation awarded compensation for all damages under the National Childhood Vaccine Injury Act of 1986. The award consisted of a lump sum of $4,633.15, payable to the Petitioners, and an additional amount sufficient to purchase an annuity contract. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. The attorneys for the Petitioner were John R. Howie of Howie Law, P.C., and for the Respondent, Althea W. Davis of the U.S. Department of Justice. Theory of causation field: Petitioners alleged that V.S.A. suffered from intussusception as a result of the rotavirus vaccine received on December 5, 2014. The respondent maintained that the vaccine did not cause the injury. The parties reached a stipulation, which was adopted by Special Master Brian H. Corcoran on May 1, 2019. The stipulation awarded a lump sum of $4,633.15 and an amount for an annuity. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01879-0 Date issued/filed: 2019-05-01 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 4/5/2019) regarding 23 DECISION Stipulation/Proffer Signed by Special Master Brian H. Corcoran. (mml) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01879-UNJ Document 28 Filed 05/01/19 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1879V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * ANDREW SANCHEZ-ALDANA and * KARINA SANCHEZ-ALDANA, * on behalf of V.S.A., a minor, * * Special Master Corcoran * Petitioners, * Filed: April 5, 2019 * v. * * Decision by Stipulation; Intussusception; SECRETARY OF HEALTH * Rotavirus Vaccine. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * John R. Howie, Howie Law, P.C., Dallas, TX, for Petitioner. Althea W. Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION ON STIPULATION1 On December 5, 2017, Andrew and Karina Sanchez-Aldana filed a petition on behalf of their minor child, V.S.A., seeking compensation under the National Vaccine Injury Compensation Program.2 ECF No. 1. Petitioners alleged that V.S.A. suffered from intussusception as a result of the rotavirus vaccine she received on December 5, 2014. Id. at 1, 3. In April 2018, the parties began engaging in settlement negotiations. See Mot. to Suspend Deadline for Rule 4(c) Report 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa- 12(d)(4)(B), 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 online in its present form. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Case 1:17-vv-01879-UNJ Document 28 Filed 05/01/19 Page 2 of 9 at 1, filed Apr. 26, 2018 (ECF No. 10). While Respondent maintains that the rotavirus vaccine did not cause V.S.A.’s injury, the parties filed a stipulation on April 5, 2019. See Stip. at 1–2 (ECF No. 21). Based upon my own review of the record, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: • A lump sum of $4,633.15, in the form of a check payable to Petitioners; and • An amount sufficient to purchase an annuity contract as described in Paragraphs 9–10 of the parties’ stipulation (as attached hereto). Stip. at 2. This amount represents compensation for all damages under Section 15(a) of the Act to which Petitioners are entitled. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:17-vv-01879-UNJ Document 28 Filed 05/01/19 Page 3 of 9 Case 1:17-vv-01879-UNJ Document 28 Filed 05/01/19 Page 4 of 9 Case 1:17-vv-01879-UNJ Document 28 Filed 05/01/19 Page 5 of 9 Case 1:17-vv-01879-UNJ Document 28 Filed 05/01/19 Page 6 of 9 Case 1:17-vv-01879-UNJ Document 28 Filed 05/01/19 Page 7 of 9 Case 1:17-vv-01879-UNJ Document 28 Filed 05/01/19 Page 8 of 9 Case 1:17-vv-01879-UNJ Document 28 Filed 05/01/19 Page 9 of 9