VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01131
Package ID: USCOURTS-cofc-1_21-vv-01131
Petitioner: L.C.
Filed: 2021-03-29
Decided: 2022-12-12
Vaccine: rotavirus
Vaccination date: 2018-12-28
Condition: intussusception
Outcome: compensated
Award amount USD: 77000

AI-assisted case summary:
On March 29, 2021, Matthew Caruso, as the parent and natural guardian of L.C., a minor child, filed a petition for compensation under the National Vaccine Injury Compensation Program. L.C. was born on August 14, 2018, and received a rotavirus vaccination on December 28, 2018. The petition alleged that L.C. suffered an intussusception, a Table injury, as a result of the vaccination and experienced residual effects for more than six months. Respondent denied that the rotavirus vaccine caused L.C.'s alleged intussusception or any other injury, and denied that L.C.'s current condition was a sequela of a vaccine-related injury. The parties filed a joint stipulation on December 8, 2022, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran adopted the stipulation and issued a decision on December 12, 2022. The award directed $77,000.00 to a life insurance company to purchase an annuity for L.C. This annuity will provide a single lump-sum payment to L.C. on August 14, 2043, his twenty-fifth birthday. If L.C. dies before this date, the payment will be made to his estate. Petitioner was represented by Gary A. Butler of Massa Butler Giglione, and Respondent was represented by Katherine Carr Esposito of the U.S. Department of Justice.

Theory of causation field:
Petitioner alleged that L.C., born August 14, 2018, received a rotavirus vaccination on December 28, 2018, at approximately four and a half months old, and subsequently suffered an intussusception (a Table injury) with residual effects lasting over six months. Respondent denied causation and that L.C.'s condition was a sequela of a vaccine-related injury. The parties resolved the case via joint stipulation filed December 8, 2022. Chief Special Master Brian H. Corcoran adopted the stipulation on December 12, 2022, awarding compensation. The award consists of $77,000.00 paid to a life insurance company to purchase an annuity for L.C., payable as a single lump sum on August 14, 2043 (L.C.'s twenty-fifth birthday), or to his estate if he predeceases that date. Petition filed March 29, 2021. Petitioner's counsel: Gary A. Butler, Massa Butler Giglione. Respondent's counsel: Katherine Carr Esposito, U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01131-0
Date issued/filed: 2023-01-12
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 12/12/2022) regarding 30 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-01131-UNJ Document 34 Filed 01/12/23 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1131V
UNPUBLISHED
MATTHEW CARUSO, the Natural Chief Special Master Corcoran
Parent and Guardian of L.C., a Minor,
Filed: December 12, 2022
Petitioner,
v. Special Processing Unit (SPU); Joint
Stipulation on Damages; Rotavirus
SECRETARY OF HEALTH AND Vaccine; Intussusception
HUMAN SERVICES,
Respondent.
Gary A Butler, Massa Butler Giglione, Pittsburgh, PA, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 29, 2021, Matthew Caruso 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 L.C. suffered a Table injury – an intussusception –
as a result of a December 28, 2018 rotavirus vaccination. Petition at ¶¶ 3, 5; Stipulation,
filed at December 8, 2022, ¶¶ 1-2, 4. Petitioner further alleges the vaccine was
administered within the United States, that L.C. suffered the residual effects of his injury
for more than six months, and that there has been no prior award or settlement of a civil
action on L.C.’s behalf as a result of his injury. Stipulation at ¶¶ 3, 5; see Petition at ¶¶ 3,
38-40. Respondent “denies that the rotavirus vaccine caused L.C.’s alleged
intussusception or any other injury; and denies that L.C.’s current condition is a sequelae
of a vaccine-related injury.” Stipulation at ¶ 6.
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:21-vv-01131-UNJ Document 34 Filed 01/12/23 Page 2 of 8
Nevertheless, on December 8, 2022, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $77,000.00, paid to a life insurance company from which an
annuity will be purchased (the "Life Insurance Company"). The annuity will be
payable to L.C. in a single lump sum on August 14th, 2043, his twenty-fifth
birthday. The lump sum annuity payment is based upon the date of birth for L. C.
of August 14th, 2018. If L.C.'s date of birth is determined to be otherwise, the
amount of the annuity payments described above will be adjusted accordingly.
Should L.C. predecease the payment of the annuity, the annuity payment shall be
made payable to L.C.'s Estate
Stipulation at ¶ 8. This amount represents compensation for all items of damages that
would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of 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

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