VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01367
Package ID: USCOURTS-cofc-1_20-vv-01367
Petitioner: T.S.
Filed: 2020-10-13
Decided: 2021-10-13
Vaccine: rotavirus
Vaccination date: 2017-10-18
Condition: intussusception
Outcome: compensated
Award amount USD: 55491

AI-assisted case summary:
Paul Shuping, as the father and natural guardian of his minor child T.S., filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2020. Petitioner alleged that T.S. suffered intussusception as a result of a rotavirus vaccine administered on October 18, 2017. The case was assigned to the Special Processing Unit. On March 29, 2021, the Respondent, the Secretary of Health and Human Services, filed a report conceding that Petitioner was entitled to compensation. The Respondent agreed that T.S.'s injury met the criteria for a Rotavirus/Intussusception Table injury and resulted in inpatient hospitalization and surgical intervention. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 29, 2021, finding T.S. entitled to compensation. Subsequently, on September 10, 2021, the Respondent filed a proffer on an award of compensation, to which Petitioner agreed. On October 13, 2021, Chief Special Master Corcoran issued a decision on damages, awarding T.S. a total of $55,490.68. This award consisted of a lump sum payment of $50,000.00 for T.S.'s pain and suffering, payable to Petitioner as guardian/conservator of T.S.'s estate, and a lump sum payment of $5,490.68 for Petitioner's past unreimbursable expenses, payable to Petitioner. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Meghan Murphy of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received by T.S. beyond the fact of surgical intervention for intussusception.

Theory of causation field:
Petitioner T.S., a minor child, received a rotavirus vaccine on October 18, 2017. Petitioner alleged that T.S. suffered intussusception as a result of this vaccination. The Respondent conceded that T.S. was entitled to compensation, agreeing that the injury met the criteria for a Rotavirus/Intussusception Table injury. The injury resulted in inpatient hospitalization and surgical intervention. The case was decided based on the Respondent's concession and the Vaccine Injury Table. No specific medical experts or detailed causation theories beyond the Table designation were detailed in the public decision. The award was $50,000.00 for pain and suffering and $5,490.68 for past unreimbursable expenses, totaling $55,490.68. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on March 29, 2021, and the decision on damages on October 13, 2021. Petitioner's counsel was Leah VaSahnja Durant, and Respondent's counsel was Meghan Murphy.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01367-0
Date issued/filed: 2021-04-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/29/2021) regarding 15 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01367-UNJ Document 18 Filed 04/29/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1367V
UNPUBLISHED
PAUL SHUPING Chief Special Master Corcoran
as father and natural guardian of minor
child, T.S., Filed: March 29, 2021
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Rotavirus Vaccine;
SECRETARY OF HEALTH AND Intussusception
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 13, 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 T.S., his minor child, suffered intussusception as a
result of a Rotavirus administered on October 18, 2017. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 29, 2021, 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 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-01367-UNJ Document 18 Filed 04/29/21 Page 2 of 2
1. Specifically, Respondent concludes that Petitioner has satisfied the criteria set forth in
the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation for a
Rotavirus/Intussusception Table injury. Id. at 5. Respondent further agrees that T.S.’s
intussusception “resulted in inpatient hospitalization and surgical intervention.” 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-01367-1
Date issued/filed: 2021-10-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/13/2021) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01367-UNJ Document 31 Filed 10/13/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1367V
UNPUBLISHED
PAUL SHUPING, Chief Special Master Corcoran
as father and natural guardian of minor
child, T.S., Filed: September 13, 2021
Petitioner, Special Processing Unit (SPU);
v. Damages Decision on Proffer; Table
Injury; Rotavirus Vaccine;
SECRETARY OF HEALTH AND Intussusception.
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On October 13, 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 T.S., his minor child, suffered intussusception as a
result of a rotavirus vaccine administered on October 18, 2017. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished opinion 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 opinion 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01367-UNJ Document 31 Filed 10/13/21 Page 2 of 5
On March 29, 2021, I issued a ruling that Petitioner, on behalf of T.S., was entitled
to compensation for T.S.’s Table intussusception. ECF No. 15. On September 10, 2021,
Respondent filed a proffer on an award of compensation, to which Petitioner agrees.
Proffer (ECF No. 25) (attached hereto as Exhibit A). 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:
• A lump sum payment of $50,000.00 (for T.S.’s pain and suffering) in the
form of a check payable to Petitioner as guardian/conservator of T.S.’s
estate; and
• A lump sum payment of $5,490.68 (for Petitioner’s past unreimbursable
expenses related to T.S.’s vaccine-related injury) in the form of a check
payable to Petitioner.
These amounts represent compensation for all damages that would be available
under Section 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.

Case 1:20-vv-01367-UNJ Document 31 Filed 10/13/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
PAUL SHUPING, as father and natural )
guardian of minor child, T.S., )
)
Petitioner, ) No. 20-1367V
) Chief Special Master Corcoran
v. ) ECF
)
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 13, 2020, Paul Shuping (“petitioner”) filed a petition for compensation on
behalf of his minor child, T.S., under the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that T.S. suffered intussusception as
a result of receiving a rotavirus vaccination on October 18, 2017. See Petition at Preamble. On
March 29, 2021, respondent conceded that entitlement to compensation was appropriate under
the terms of the Vaccine Act. ECF No. 13. Thereafter, on March 29, 2021, Chief Special Master
Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for T.S.’s intussusception and resulting sequelae. ECF No. 15.
I. Compensation for Vaccine Injury-Related Items
Based on the evidence of record, respondent proffers that petitioner should be awarded
the following:
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $50,000.00 for T.S.’s pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01367-UNJ Document 31 Filed 10/13/21 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to T.S.’s vaccine-related injury. Respondent proffers that petitioner should be awarded
past unreimbursable expenses in the amount of $5,490.68. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through
two lump sum payments as described below:
(1) A lump sum payment of $50,000.00 in the form of a check payable to petitioner
as guardian/conservator of T.S.’s estate.1 No payments shall be made until
petitioner provides respondent with documentation establishing that he has been
appointed as the guardian/conservator of T.S.’s estate; and
(2) A lump sum payment of $5,490.68 in the form of a check payable to petitioner.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to the entry of judgment, respondent reserves the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future pain and suffering, and future lost wages.
2

Case 1:20-vv-01367-UNJ Document 31 Filed 10/13/21 Page 5 of 5
/s/ Meghan R. Murphy
MEGHAN R. MURPHY
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) 616-4264
meghan.r.murphy@usdoj.gov
DATED: September 10, 2021
3