VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00774 Package ID: USCOURTS-cofc-1_18-vv-00774 Petitioner: N.A. Filed: 2018-05-30 Decided: 2020-05-27 Vaccine: rotavirus Vaccination date: 2017-03-28 Condition: intussusception Outcome: compensated Award amount USD: 35000 AI-assisted case summary: On May 30, 2018, Jacie and Mario Albanez, as mother and father and natural guardians of N.A., filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program. The petition sought compensation for injuries allegedly related to N.A.'s receipt of a rotavirus vaccine, which is listed on the Vaccine Injury Table. N.A. received multiple vaccinations on March 28, 2017, including diphtheria-tetanus-acellular pertussis (DTaP), inactivated polio (IPV), haemophilus influenzae (HIB), hepatitis B, pneumococcal conjugate, and rotavirus vaccines. These vaccinations were administered in the United States. The petitioners alleged that N.A. sustained an intussusception within the timeframe specified in the Vaccine Injury Table for the rotavirus vaccine. Alternatively, they alleged that the rotavirus vaccination caused N.A.'s intussusception, and that N.A. was hospitalized and underwent surgery as a result of this alleged injury. The respondent, the Secretary of Health and Human Services, denied that N.A. sustained an intussusception Table injury, denied that any of the administered vaccines caused N.A.'s intussusception or any other injury, and denied that N.A.'s current condition was a sequela of a vaccine-related injury. Despite maintaining their respective positions, the parties reached a stipulation to settle the case. Special Master Thomas L. Gowen adopted the stipulation as the Court's judgment. The stipulation awarded compensation for all damages available under the program, specifically an amount not to exceed $35,000.00 to purchase an annuity contract from a life insurance company. The decision noted that pursuant to the E-Government Act of 2002, the opinion would be posted on the Court's website unless a party filed a motion for redaction within 14 days. The parties also renounced their right to seek review, expediting the entry of judgment. The attorneys involved were Jeffrey S. Pop for the petitioners and Debra A. Filteau Begley for the respondent. The decision was signed by Special Master Thomas L. Gowen. Theory of causation field: Petitioners filed a petition on behalf of minor N.A. alleging injury from a rotavirus vaccine received on March 28, 2017. N.A. also received DTaP, IPV, HIB, hepatitis B, and pneumococcal conjugate vaccines on the same date. Petitioners alleged N.A. sustained an intussusception, a condition listed on the Vaccine Injury Table for rotavirus vaccine, within the Table's timeframe, or alternatively, that the rotavirus vaccine caused the intussusception. N.A. required hospitalization and surgery. Respondent denied a Table injury and that any vaccine caused the condition. The parties stipulated to a settlement. The stipulation awarded compensation not to exceed $35,000.00 for an annuity. Special Master Thomas L. Gowen adopted the stipulation. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed medical evidence presented by either party, nor does it detail the specific symptoms, onset, or diagnostic tests related to N.A.'s condition. The attorneys were Jeffrey S. Pop for petitioners and Debra A. Filteau Begley for respondent. The decision date was May 27, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00774-0 Date issued/filed: 2020-06-17 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 5/27/20) regarding 41 DECISION of Special Master. Signed by Special Master Thomas L. Gowen. (kb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00774-UNJ Document 45 Filed 06/17/20 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: May 27, 2020 * * * * * * * * * * * * * JACIE ALBANEZ as mother and natural * guardian, and MARIO ALBANEZ as father * and natural guardian of N.A., * UNPUBLISHED * Petitioners, * No. 18-774V * v. * Special Master Gowen * SECRETARY OF HEALTH * Rotavirus; Intussusception. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioners. Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for respondent. DECISION ON STIPULATION1 On May 30, 2018, Jacie and Mario Albanez (“petitioners”), on behalf of their minor son N.A., filed a petition for compensation within the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). The petition seeks compensation for injuries allegedly related to N.A. receipt of a rotavirus vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of Federal Claims. The Court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion is posted on the Court’s website, each party has 14 days to file a motion requesting 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). An objecting party must provide the Court with a proposed redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the Court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:18-vv-00774-UNJ Document 45 Filed 06/17/20 Page 2 of 9 N.A. received diphtheria-tetanus-acellular pertussis (“DTaP”), inactivated polio (“IPV”), haemophilus influenzae (“HIB”), hepatitis B, pneumococcal conjugate, and rotavirus vaccinations on Marck 28, 2017. These vaccinations were administered within the United States. Petitioners allege that N.A. sustained an intussusception within the time period set forth in the Table for the rotavirus vaccine. In the alternative, petitioners allege that N.A.’s intussusception was caused-in-fact by the rotavirus vaccination. They further allege that N.A. was hospitalized and underwent surgical intervention as a result of his alleged injury. On May 27, 2020, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioners on behalf of N.A. Stipulation (ECF No. 40). Respondent denies that N.A. sustained a intussusception Table injury; denies that DTaP, IPV, HIB, hepatitis B, pneumococcal conjugate, and/or rotavirus vaccines caused N.A.’s intussusception, or any other injury; and denies that N.A.’s current condition is a sequelae of a vaccine-related injury. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) An amount not to exceed $35,000.00 to purchase the annuity contract described in paragraph 10 of the stipulation (attached hereto as Appendix A), paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the stipulation as the decision of the Court and hereby award compensation in the amount and on the terms set forth therein. Accordingly, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:18-vv-00774-UNJ Document 45 Filed 06/17/20 Page 3 of 9 IN THE UNITED STA TES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ************************************* * JACIE ALBANEZ, as mother and natural * guardian, and MARIO ALBANEZ, as * father and natural guardian of N.A., * * Petitioners, No.18-774V * Special Master Gowen * v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. ************************************* ; STIPULATION The parties hereby stipulate to the following matters: 1. On behalf of their son, N .A., petitioners filed a petition for vaccine compensation under the Natio11al Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to N.A.'s receipt of a rotavirus vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. N.A. received diphtheria-tetanus-acellular pertussis ("DTaP"), inactivated polio ("IPV"), haemophilus influenza ("HIB"), hepatitis B, pneumococcal conjugate, and rotavirus vaccines on Ma�ch 28, 2017. 3. These vaccines were administered within the United States. 4. P�titioners allege that N.A. sustained an intussusception within the time period set forth in the Table for the rotavirus vaccine. In the alternative, petitioners alleged that N.A.'s Case 1:18-vv-00774-UNJ Document 45 Filed 06/17/20 Page 4 of 9 Case 1:18-vv-00774-UNJ Document 45 Filed 06/17/20 Page 5 of 9 Case 1:18-vv-00774-UNJ Document 45 Filed 06/17/20 Page 6 of 9 Case 1:18-vv-00774-UNJ Document 45 Filed 06/17/20 Page 7 of 9 Case 1:18-vv-00774-UNJ Document 45 Filed 06/17/20 Page 8 of 9 Case 1:18-vv-00774-UNJ Document 45 Filed 06/17/20 Page 9 of 9