VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01251 Package ID: USCOURTS-cofc-1_18-vv-01251 Petitioner: BTC Filed: 2018-08-20 Decided: 2022-07-14 Vaccine: rotavirus Vaccination date: 2017-10-20 Condition: intussusception Outcome: compensated Award amount USD: 3940 AI-assisted case summary: Brooke and Dylan Cloyd, on behalf of their son BTC, filed a petition on August 20, 2018, alleging that the rotavirus vaccine, administered on October 20, 2017, caused BTC to suffer from intussusception. Respondent denied that BTC sustained a Table intussusception within the timeframe set forth in the Vaccine Injury Table, and denied that the rotavirus vaccine or any other vaccine administered on that date caused or significantly aggravated BTC's condition. Despite these denials, the parties reached a joint stipulation for compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The award includes an amount sufficient to purchase an annuity contract, paid to the life insurance company from which the annuity will be purchased, and a lump sum of $3,940.00 payable to petitioners for past unreimbursable expenses. These amounts are intended to compensate for all damages available under the law. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The public decision does not name petitioner counsel or respondent counsel. Judgment was to be entered according to this decision and the attached stipulation, unless a motion for review was filed. Theory of causation field: Petitioners alleged that the rotavirus vaccine, received on October 20, 2017, caused BTC to suffer intussusception, which is listed on the Vaccine Injury Table. Respondent denied that BTC sustained a Table intussusception within the specified timeframe and denied that the vaccine caused or significantly aggravated the condition. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. The award includes an annuity and a lump sum of $3,940.00 for past unreimbursable expenses. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the causation theory, nor does it name the attorneys involved in the stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01251-0 Date issued/filed: 2022-07-14 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 6/21/2022) regarding 61 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (jmw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01251-UNJ Document 65 Filed 07/14/22 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * BROOKE CLOYD and DYLAN * CLOYD, on behalf of their son, * BTC, a minor, * No. 18-1251V * Petitioner, * Special Master Christian J. Moran * v. * Filed: June 21, 2022 * SECRETARY OF HEALTH * Stipulation; rotavirus vaccine; AND HUMAN SERVICES, * intussusception. * * Respondent. * * * * * * * * * * * * * * * * * * * * * * John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for Petitioner; Ryan D. Pyles, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On June 21, 2022, the parties filed a joint stipulation concerning the petition for compensation filed by Brooke and Dylan Cloyd on August 20, 2018. In their petition, petitioners alleged that the rotavirus vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), and which BTC received on October 20, 2017, caused BTC to suffer intussusception. Petitioners represent that there has been no prior award or settlement of a civil action for damages on BTC’s behalf as a result of his condition. Respondent denies that BTC sustained a Table intussusception within the timeframe set forth in the Table; and denies that the rotavirus vaccine and/or any 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:18-vv-01251-UNJ Document 65 Filed 07/14/22 Page 2 of 9 other vaccine administered on October 20, 2017 caused or significantly aggravated BTC’s intussusception. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: a. An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation, paid to the life insurance company from which the annuity will be purchased; and b. For past unreimbursable expenses, a lump sum of $3,940.00 in the form of a check payable to petitioners. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:18-vv-01251-UNJ Document 65 Filed 07/14/22 Page 3 of 9 Case 1:18-vv-01251-UNJ Document 65 Filed 07/14/22 Page 4 of 9 Case 1:18-vv-01251-UNJ Document 65 Filed 07/14/22 Page 5 of 9 Case 1:18-vv-01251-UNJ Document 65 Filed 07/14/22 Page 6 of 9 Case 1:18-vv-01251-UNJ Document 65 Filed 07/14/22 Page 7 of 9 Case 1:18-vv-01251-UNJ Document 65 Filed 07/14/22 Page 8 of 9 Case 1:18-vv-01251-UNJ Document 65 Filed 07/14/22 Page 9 of 9