VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00690
Package ID: USCOURTS-cofc-1_20-vv-00690
Petitioner: N.D.
Filed: 2020-06-09
Decided: 2021-03-19
Vaccine: rotavirus
Vaccination date: 2017-06-08
Condition: intussusception
Outcome: compensated
Award amount USD: 14268

AI-assisted case summary:
On June 9, 2020, Newbery Frias filed a petition under the National Vaccine Injury Compensation Program on behalf of her minor son, N.D. She alleged that N.D. suffered intussusception requiring surgery after receiving a rotavirus vaccine on June 8, 2017. The case was assigned to the Special Processing Unit. The respondent conceded entitlement to compensation in a Rule 4(c) report filed on November 9, 2020. The respondent stated that N.D.'s intussusception met the Vaccine Injury Table criteria for a rotavirus vaccine injury, that the condition resulted in inpatient hospitalization and surgical intervention, and that the petitioner had satisfied all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran accepted the concession and issued a ruling on entitlement on November 9, 2020. The public entitlement ruling does not provide N.D.'s exact age, symptom-onset date, surgical details, hospital course, or treating-physician narrative. Damages were resolved by respondent's proffer, which the petitioner accepted. On March 17, 2021, respondent filed a proffer recommending compensation for a State of New York Medicaid lien and for pain and suffering through an annuity. Chief Special Master Corcoran issued the damages decision on March 19, 2021, awarding compensation on those terms. The award included a $14,268.82 lump sum payable jointly to petitioner and the New York State Department of Health, Office of Recovery Services, to satisfy the State of New York Medicaid lien for payments made on N.D.'s behalf as a result of his vaccine-related injury. For pain and suffering, the award provided an amount sufficient to purchase an annuity contract that would pay N.D. $43,556.00 per year for four years, beginning March 3, 2035. If N.D. died before any of those certain payments were made, they would be paid to his estate. These amounts represented all compensation available under section 15(a) of the Vaccine Act. Petitioner was represented by John Robert Howie of Howie Law, PC in Dallas, Texas, and respondent was represented by Amanda Pasciuto of the U.S. Department of Justice.

Theory of causation field:
Petitioner Newbery Frias alleged that a rotavirus vaccine administered on June 8, 2017, caused her minor son N.D. to suffer intussusception requiring inpatient hospitalization and surgical intervention. Respondent conceded entitlement on November 9, 2020, stating that N.D.'s condition met the Vaccine Injury Table criteria for a rotavirus vaccine injury and that all legal prerequisites were satisfied. Chief Special Master Brian H. Corcoran granted entitlement on November 9, 2020. The public records do not specify N.D.'s age, onset date, surgical details, or treatment course beyond hospitalization and surgery. Damages were resolved by respondent's proffer, accepted by petitioner, with a decision issued on March 19, 2021. The award included a $14,268.82 lump sum for the New York State Medicaid lien, payable jointly to petitioner and the New York State Department of Health. For pain and suffering, an amount was awarded to purchase an annuity paying $43,556.00 annually for four years, starting March 3, 2035, with payments to N.D.'s estate if he died before receiving all certain payments. Petitioner's attorney was John Robert Howie; respondent's attorney was Amanda Pasciuto.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00690-0
Date issued/filed: 2020-12-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/09/2020) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00690-UNJ Document 27 Filed 12/09/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-690V
UNPUBLISHED
NEWBERY FRIAS Chief Special Master Corcoran
on behalf of her son, N.D., a minor,
Filed: November 9, 2020
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Table Injury; Rotavirus Vaccine;
HUMAN SERVICES, Intussusception
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On June 9, 2020, 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 N.D. suffered an intussusception requiring surgery as a result
of a rotavirus vaccine administered on June 8, 2017. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On November 9, 2020, 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 concludes that “[P]etitioner is entitled to a presumption of
causation because N.D.’s intussusception meets the criteria of a vaccine table injury.” Id.
1 Because this unpublished ruling 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 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, 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 1:20-vv-00690-UNJ Document 27 Filed 12/09/20 Page 2 of 2
at 4. Respondent states that N.D.’s intussusception “resulted in inpatient hospitalization
and surgical intervention.” Id. Respondent further agrees that Petitioner has satisfied all
legal prerequisites for compensation under the Act. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00690-1
Date issued/filed: 2021-04-21
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 03/19/2021) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00690-UNJ Document 46 Filed 04/21/21 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-690V
UNPUBLISHED
NEWBERY FRIAS Chief Special Master Corcoran
on behalf of her son, N.D., a minor,
Filed: March 19, 2021
Petitioner,
v. Special Processing Unit (SPU);
Damages Decision Based on Proffer;
SECRETARY OF HEALTH AND Rotavirus Vaccine; Intussusception
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On June 9, 2020, 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 N.D. suffered an intussusception requiring surgery as a result
of a rotavirus vaccine administered on June 8, 2017. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On November 9, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On March 17, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded (A) $14,268.82 to satisfy
a State of New York Medicaid lien, and (B) for pain and suffering, an amount sufficient to
purchase an annuity contract as described in the attached Proffer. Proffer at 2-3. In the
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 1:20-vv-00690-UNJ Document 46 Filed 04/21/21 Page 2 of 6
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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner the
following:
A. A lump sum payment of $14,268.82, representing compensation for
satisfaction of a State of New York Medicaid lien, payable jointly to
Petitioner and
New York State Department of Health
Mail to:
NEW YORK STATE DEPARTMENT OF HEALTH
P.O. Box 415874
Boston, MA 02241-5874
Recovery Case #: 153427
Petitioner agrees to endorse this payment to the New York State Department
of Health.
B. For pain and suffering, an amount sufficient to purchase an annuity
contract, as set forth in the attached Proffer at Section II.B., subject to the
conditions described therein.
These amounts 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.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 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 1:20-vv-00690-UNJ Document 46 Filed 04/21/21 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
NEWBERRY FRIAS, )
on behalf of her son, N.D., a minor, )
)
Petitioner, ) No. 20-690V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Procedural History
On November 9, 2020, the Secretary of Health and Human Services (“respondent”) filed
a Rule 4(c) Report conceding that petitioners’ claim meets the Vaccine Table criteria for an
intussusception following a rotavirus vaccination. ECF No. 21. On November 9, 2020, the
Chief Special Master issued a Ruling on Entitlement, concluding that petitioner is entitled to
compensation under the National Childhood Vaccine Injury Act of 1986 (“Vaccine Act”), as
amended, 42 U.S.C. §§300aa-10 to -34. ECF No. 23.
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers, and the parties recommend, that
compensation be made through a lump sum and future annuity payments as described below, and
request that the Chief Special Master's decision and the Court's judgment award the following:1
1 Should N.D. 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.
1

Case 1:20-vv-00690-UNJ Document 46 Filed 04/21/21 Page 4 of 6
A. Medicaid Lien
Respondent proffers that N.D. should be awarded funds to satisfy the State of New York
Medicaid lien in the amount of $14,268.82, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of New York may have against
any individual as a result of any Medicaid payments that the State of New York has made to or
on behalf of N.D. 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 June 8, 2017, under Title XIX
of the Social Security Act. Reimbursement of the State of New York lien shall be made through
a lump sum payment of $14,268.82, representing compensation for satisfaction of the State of
New York lien, payable jointly to petitioner and
New York State Department of Health
Mail to:
NEW YORK STATE DEPARTMENT OF HEALTH
P.O. Box 415874
Boston, MA 02241-5874
Recovery Case #: 153427
Petitioner agrees to endorse this payment to the New York State Department of Health.
B. Pain and Suffering
For pain and suffering, see 42 U.S.C. §300aa-15(a)(4), an amount sufficient to purchase
an annuity contract,2 paid to the life insurance company3 from which the annuity will be
2 In respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
3 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have
one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA
2

Case 1:20-vv-00690-UNJ Document 46 Filed 04/21/21 Page 5 of 6
purchased,4 subject to the conditions described below. The annuity contract will be owned
solely and exclusively by the Secretary of Health and Human Services and will provide
payments to N.D.5 as set forth below:
Beginning March 3, 2035, $43,556.00 per year for four years certain only.
Should N.D. predecease any of the certain lump sum payments set forth above, said payments
shall be made to his estate. Written notice to the Secretary of Health and Human Services and to
the Life Insurance Company shall be provided within twenty (20) days of N.D.’s death. The
amounts set forth in sections II.A. and II.B., supra, represent all elements of compensation to
which N.D. is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Summary of Recommended Payments Following Judgment
A. Medicaid lien: $14,268.82
B. An amount sufficient to purchase the annuity contract described
above in section II. B.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
4 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case
consistent with the Privacy Act and the routine uses described in the National Vaccine Injury
Compensation Program System of Records, No. 09-15-0056.
5 At the time payment is received, N.D. will be an adult, and thus guardianship is not required.
3

Case 1:20-vv-00690-UNJ Document 46 Filed 04/21/21 Page 6 of 6
Torts Branch, Civil Division
ALTHEA W. DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
s/Amanda Pasciuto
AMANDA PASCIUTO
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Amanda.Y.Pasciuto@usdoj.gov
Tel.: (202) 616-4847
Dated: March 17, 2021
4