VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01762
Package ID: USCOURTS-cofc-1_19-vv-01762
Petitioner: K.E.
Filed: 2019-11-15
Decided: 2021-04-27
Vaccine: varicella
Vaccination date: 2017-02-06
Condition: varicella-strain virus and related sequelae as well as vaccine-induced encephalopathy
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
On November 15, 2019, Brittany Dock, on behalf of K.E., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that K.E. suffered from "varicella-strain virus and related sequelae as well as vaccine-induced encephalopathy" as a result of receiving a varicella vaccine on February 6, 2017. The respondent, the Secretary of Health and Human Services, reviewed the petition and the associated medical records. In a report filed on November 10, 2020, the respondent conceded that K.E. is entitled to compensation. The respondent stated that medical personnel had reviewed the case and concluded that the petitioner satisfied the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation for disseminated varicella vaccine-strain viral disease. Consequently, the respondent determined that the petitioner had met all legal prerequisites for compensation under the Act. Special Master Nora Beth Dorsey reviewed the record, including the respondent's concession, and found that the petitioner is entitled to compensation. The case was then set to proceed to the damages phase. Jonathan J. Svitak and Shannon Law Group represented the petitioner, and Lara A. Englund represented the respondent. The decision on entitlement was issued on April 27, 2021.

Theory of causation field:
Petitioner K.E. received a varicella vaccine on February 6, 2017. The petition alleged injury in the form of "varicella-strain virus and related sequelae as well as vaccine-induced encephalopathy." The respondent conceded entitlement, stating that the petitioner satisfied the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation for disseminated varicella vaccine-strain viral disease. The case was granted entitlement pending damages. Special Master Nora Beth Dorsey issued the ruling on entitlement on April 27, 2021. Petitioner counsel was Jonathan J. Svitak of Shannon Law Group, and respondent counsel was Lara A. Englund. The public decision does not describe the specific medical onset, symptoms, tests, treatments, or expert testimony.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01762-0
Date issued/filed: 2021-04-27
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 4/2/2021) regarding 30 Ruling on Entitlement. Signed by Special Master Nora Beth Dorsey. (mca) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01762-UNJ Document 32 Filed 04/27/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: April 2, 2021
* * * * * * * * * * * * * * *
BRITTANY DOCK, on behalf of K.E., * UNPUBLISHED
*
Petitioner, * No. 19-1762V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Ruling on Entitlement; Concession;
AND HUMAN SERVICES, * Varicella Vaccine; Disseminated Varicella
* Vaccine-Strain Viral Disease.
Respondent. *
*
* * * * * * * * * * * * * * *
Jonathan J. Svitak, Shannon Law Group, Woodbridge, IL, for petitioner.
Lara A. Englund, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On November 15, 2019, Brittany Dock (“petitioner”), on behalf of K.E., filed a petition
for compensation under the National Vaccine Injury Compensation Program (“Vaccine Act” or
“the Program”), 42 U.S.C. § 300aa-10 et seq. (2012).2 Petitioner alleged that K.E. suffered
“varicella-strain virus and related sequelae as well as vaccine-induced encephalopathy” as a
result of a varicella vaccine administered on February 6, 2017. Petition at 1 (ECF No. 1).
On November 10, 2020, respondent filed a respondent’s Rule 4(c) report in which he
conceded that petitioner is entitled to compensation in this case. Respondent’s Report (“Resp.
1 Because this Ruling contains a reasoned explanation for the action in this case, the 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). 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.
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-10 to -34 (2012). All citations in this Ruling to individual sections of the
Vaccine Act are to 42 U.S.C. § 300aa.
1

Case 1:19-vv-01762-UNJ Document 32 Filed 04/27/21 Page 2 of 2
Rept.”) at 13. Respondent stated “[m]edical personnel at the Division of Injury Compensation
Programs, Department of Health and Human Services (“DICP”), have reviewed the petition and
medical records filed in the case” and “[i]t is respondent’s position that petitioner has satisfied
the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (“QAI”) for disseminated varicella vaccine-strain viral disease.” Id. Therefore,
petitioner has satisfied all legal prerequisites for compensation under the Act. Id. at 5.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. § 13; Vaccine Rule 8(d). In light of respondent’s
concession and a review of the record, the undersigned finds that petitioner is entitled to
compensation. This matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01762-1
Date issued/filed: 2023-12-04
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 11/8/2023) regarding 83 DECISION Proffer. Signed by Special Master Nora Beth Dorsey. (kis) Service on parties made.
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Case 1:19-vv-01762-UNJ Document 87 Filed 12/04/23 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 8, 2023
* * * * * * * * * * * * * * *
KENDETRICK ELLIS, *
*
Petitioner, * No. 19-1762V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Damages Award; Varicella Vaccine;
AND HUMAN SERVICES, * Disseminated Varicella Vaccine-Strain
* Viral Disease.
Respondent. *
*
* * * * * * * * * * * * * * *
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodbridge, IL, for Petitioner.
Lara A. Englund, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES BASED ON PROFFER1
On November 15, 2019, Brittany Dock, on behalf of her then minor son, Kendetrick Ellis
(“Petitioner”),2 filed a petition for compensation under the National Vaccine Injury
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it on the United States Court of Federal Claims’ website and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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, the undersigned agrees that the
identified material fits within this definition, the undersigned will redact such material from
public access.
2 After Petitioner reached the age of majority, the undersigned granted Petitioner’s motion to
change the named Petitioner. Order dated Nov. 2, 2023 (ECF No. 80). On November 7, 2023,
Petitioner filed an amended Petitioner to reflect the change in the case caption. Amended
(“Am.”) Petition (ECF No. 81).
1

Case 1:19-vv-01762-UNJ Document 87 Filed 12/04/23 Page 2 of 6
Compensation Program (“Vaccine Act” or “the Program”), 42 U.S.C. § 300aa-10 et seq. (2018).3
Petitioner alleged that he suffered “varicella-strain virus and related sequelae as well as vaccine-
induced encephalopathy” as a result of a varicella vaccine administered on February 6, 2017.
Petition at Preamble (ECF No. 1); Am. Petition at Preamble. On November 10, 2020,
Respondent filed his Rule 4(c) Report conceding that Petitioner is entitled to compensation under
the Vaccine Act for disseminated varicella vaccine-strain viral disease. Respondent’s Rept.
(“Resp. Rept.”) at 1 (ECF No. 21). In light of Respondent’s concession, on April 2, 2021, the
undersigned issued a ruling finding Petitioner entitled to compensation. Ruling on Entitlement
dated Apr. 2, 2021 (ECF No. 30).
On November 8, 2023, Respondent filed a Proffer on Award of Compensation
(“Proffer”), attached hereto as Appendix A. In the Proffer, Respondent represented that
Petitioner agrees with the proffered award. Proffer at 2. Based on the record as a whole, the
undersigned finds that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards Petitioner:
(1) A lump sum payment of $120,000.00 in the form of a check payable to
Petitioner.
(2) A lump sum payment of $21,680.91, representing compensation for
satisfaction of the Colorado Department of Healthcare Policy and Financing
Medicaid Lien, in the form of a check payable jointly to Petitioner and:
Colorado Department of Healthcare Policy and Financing
Attn: Kris Haffar
1570 Grant Street
Denver, CO 80203
State ID No. G215105
Petitioner agrees to endorse the check to the Colorado Department of Healthcare
Policy and Financing for satisfaction of the Medicaid lien.
Proffer at 2-3. This amount represents all elements of compensation to which Petitioner is
entitled under § 15(a). Id.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
the Court SHALL ENTER JUDGMENT herewith.4
3 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-10 to -34 (2018). All citations in this Decision to individual sections of the
Vaccine Act are to 42 U.S.C. § 300aa.
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

Case 1:19-vv-01762-UNJ Document 87 Filed 12/04/23 Page 3 of 6
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3

Case 1:19-vv-01762-UNJ Document 87 Filed 12/04/23 Page 4 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KENDETRICK ELLIS, )
)
Petitioner, )
)
v. ) No. 19-1762V
) Special Master Nora Beth Dorsey
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 15, 2019, Brittany Dock filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 to -34 (“Vaccine Act” or
“Act”), on behalf of her son, Kendetrick Ellis (“petitioner”), who was then a minor, alleging that
he suffered “varicella-strain virus and related sequelae as well as vaccine-induced
encephalopathy” as a result of a varicella vaccine administered on February 6, 2017. ECF No. 1.
On November 10, 2020, the Secretary of Health and Human Services (“respondent”) filed his
Rule 4(c) Report conceding that petitioner is entitled to compensation under the Act for
disseminated varicella vaccine-strain viral disease. ECF No. 21. On April 2, 2021, the Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 30.
On November 2, 2023, after petitioner reached the age of majority, the Special Master granted
petitioner’s motion to amend the caption to be included as the named petitioner. ECF No. 80.
Petitioner filed an Amended Petition reflecting this change in the caption on November 7, 2023.
ECF No. 81.

Case 1:19-vv-01762-UNJ Document 87 Filed 12/04/23 Page 5 of 6
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $120,000.00 for pain and
suffering, in the form of a check payable to petitioner. Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy a Colorado
Department of Healthcare Policy and Financing Medicaid Lien in the amount of $21,680.91,
which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of
action may have against any individual as a result of any Medicaid payments the Colorado
Department of Healthcare Policy and Financing has made to or on behalf of petitioner from the
date of his eligibility for benefits through the date of judgment in this case as a result of his
vaccine-related injury suffered on or about February 6, 2017, under Title XIX of the Social
Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
two lump sum payments described below, and request that the Special Master’s decision and the
Court’s judgment award the following:
A. A lump sum payment of $120,000.00 in the form of a check payable to petitioner;
and
B. A lump sum payment of $21,680.91, representing compensation for satisfaction
of the Colorado Department of Healthcare Policy and Financing Medicaid Lien,
in the form of a check payable jointly to petitioner and:
2

Case 1:19-vv-01762-UNJ Document 87 Filed 12/04/23 Page 6 of 6
Colorado Department of Healthcare Policy and Financing
Attn: Kris Haffar
1570 Grant Street
Denver, CO 80203
State ID No. G215105
Petitioner agrees to endorse the check to the Colorado Department of Healthcare Policy and
Financing for satisfaction of the Medicaid lien.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: November 8, 2023
3