VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00524
Package ID: USCOURTS-cofc-1_18-vv-00524
Petitioner: L.D.
Filed: 2018-10-19
Decided: 2020-08-12
Vaccine: rotavirus
Vaccination date: 2017-06-19
Condition: intussusception
Outcome: compensated
Award amount USD: 46350

AI-assisted case summary:
L.D., a minor, by and through her parent and natural guardian Veronica DeFeo, filed a petition for compensation under the National Vaccine Injury Compensation Program on April 10, 2018. The petition alleged that L.D. suffered an intussusception injury as a result of receiving a rotavirus vaccine on June 19, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 11, 2018, conceding that L.D. is entitled to compensation. The respondent concluded that L.D.'s intussusception met the criteria of the Vaccine Injury Table and that all legal prerequisites for compensation were satisfied. On October 19, 2019, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement, finding L.D. entitled to compensation. Subsequently, on June 24, 2020, the respondent filed a proffer on the award of compensation. The parties agreed to an award of $46,350.60, comprising $45,000.00 for pain and suffering and $1,350.60 for unreimbursed expenses. This amount represents compensation for all damages available under the Vaccine Act. On August 12, 2020, Chief Special Master Brian H. Corcoran issued a Decision Awarding Damages, awarding the agreed-upon sum. Judgment was entered accordingly. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Glenn Alexander MacLeod and later Christine Mary Becer of the U.S. Department of Justice.

Theory of causation field:
Petitioner L.D., a minor, received a rotavirus vaccine on June 19, 2017. She subsequently suffered from intussusception. The respondent conceded entitlement to compensation, concluding that L.D.'s intussusception met the criteria of the Vaccine Injury Table. The theory of causation is based on the Vaccine Injury Table. No specific medical experts or detailed clinical information regarding the onset, symptoms, tests, or treatment were described in the provided public text. The case resulted in a compensated outcome. A Ruling on Entitlement was issued by Chief Special Master Nora Beth Dorsey on October 19, 2019. A Decision Awarding Damages was issued by Chief Special Master Brian H. Corcoran on August 12, 2020, based on a proffer agreed to by the parties. The award was a lump sum of $46,350.60, consisting of $45,000.00 for pain and suffering and $1,350.60 for unreimbursed expenses. Petitioner was represented by Amy A. Senerth and respondent by Glenn Alexander MacLeod and Christine Mary Becer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00524-0
Date issued/filed: 2018-12-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/19/2018) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00524-UNJ Document 19 Filed 12/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-524V
Filed: October 19, 2018
UNPUBLISHED
L.D., a Minor, by and through her
Parent and Natural Guardian,
VERONICA DEFEO, Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
Petitioner, Table Injury; Rotavirus Vaccine;
v. Intussusception
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 10, 2018, 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 L.D.’s receipt of a rotovirus vaccine caused her to suffer
intussusception. Petition at 1-2. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling 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 ruling 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 1:18-vv-00524-UNJ Document 19 Filed 12/12/18 Page 2 of 2
On October 11, 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 concluded that petitioner is entitled to a presumption of
causation because L.D.’s intussusception meets the criteria of the Vaccine Injury Table.
Id. at 4. Respondent further agrees that 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

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00524-1
Date issued/filed: 2020-08-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/07/2020) regarding 57 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-00524-UNJ Document 61 Filed 08/12/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-524V
UNPUBLISHED
VERONICA DEFEO, parent and Chief Special Master Corcoran
natural guardian of L.D., a minor,
Filed: July 7, 2020
Petitioner,
v. Special Processing Unit (SPU);
Damages Decision Based on Proffer;
SECRETARY OF HEALTH AND Rotavirus Vaccine; Intussusception
HUMAN SERVICES,
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 11, 2019, Veronica Defeo, parent and natural guardian of L.D., 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 L.D. suffered
an intussusception injury as a result of a rotavirus vaccination administered on June 19,
2017. Petition at 1. Petitioner further alleges that the rotavirus vaccine was
administered in the United States, that L.D.’s intussusception and digestive injuries and
sequelae resulted in surgical intervention, and that no other party has received any
compensation for L.D.’s vaccine-related injuries. Petition at 1, 3. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I 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 1:18-vv-00524-UNJ Document 61 Filed 08/12/20 Page 2 of 4
On October 19, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for L.D.’s intussusception injury. On June 24, 2020,
Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner
should be awarded $46,350.60 comprised of $45,000.00 for pain and suffering and
$1,350.60 for unreimbursed expenses. Proffer at 1. In the Proffer, Respondent
represented that Petitioner agrees with the proffered award. Id. Based on the record as
a whole, I find that Petitioner is entitled to an award as stated in the Proffer.3
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $46,350.60 comprised of $45,000.00 for pain and suffering and
$1,350.60 for unreimbursed expenses the form of a check payable to Petitioner.
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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 The Proffer further states that evidence of guardianship will be provided. Proffer at 2.
4 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 1:18-vv-00524-UNJ Document 61 Filed 08/12/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
L.D., a minor, by and through her )
parent and natural guardian, )
Veronica Defeo, )
)
Petitioner, )
) No. 18-524V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 11, 2019, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury
Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on October 19, 2019, the
Chief Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to
vaccine compensation for her daughter’s intussusception injury.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$46,350.60 ($45,000.00 for pain and suffering and $1,350.60 for unreimbursed expenses) which
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a).1 Petitioner agrees.
1 Should petitioner 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.

Case 1:18-vv-00524-UNJ Document 61 Filed 08/12/20 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $46,350.60 in the form of a check payable to petitioner.
Petitioner agrees.
Evidence of guardianship will be provided.
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/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
Date: June 24, 2020
2