VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00157
Package ID: USCOURTS-cofc-1_22-vv-00157
Petitioner: I.D.
Filed: 2023-11-29
Decided: 2024-01-24
Vaccine: rotavirus
Vaccination date: 2020-09-08
Condition: intussusception
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Jean and Dayre Deoleo, on behalf of their minor daughter I.D., filed a petition on November 29, 2023, seeking compensation under the National Vaccine Injury Compensation Program. They alleged that I.D. suffered an intussusception as a result of receiving a rotavirus vaccine on September 8, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 27, 2023, conceding that the petitioners are entitled to compensation. The respondent agreed that the record supports an intussusception following the rotavirus vaccine as defined by the Vaccine Injury Table, that there is no preponderant evidence of an alternative cause, and that the statutory severity requirement is met. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that the petitioners, on behalf of I.D., are entitled to compensation. The case is now proceeding to determine the award of damages. Petitioner counsel was John Robert Howie of Howie Law, PC. Respondent counsel was Camille Michelle Collett of the U.S. Department of Justice. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or expert witnesses.

Theory of causation field:
Petitioners alleged that I.D. suffered an intussusception as a result of a rotavirus vaccine received on September 8, 2020. The respondent conceded that the record preponderantly supports an intussusception following rotavirus vaccine as defined by the Vaccine Injury Table (42 C.F.R. §§ 100.3(a)(XI), (c)(4)), that there is no preponderant evidence of an alternative cause, and that the statutory severity requirement is met (Section 11(c)(1)(D)). Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on January 24, 2024, granting entitlement based on the respondent's concession. The public text does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award, as entitlement has been granted pending damages. Petitioner counsel was John Robert Howie, and respondent counsel was Camille Michelle Collett.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00157-0
Date issued/filed: 2024-01-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/29/2023) regarding 48 Ruling on Entitlement, Order on Motion for Ruling on the Record ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00157-UNJ Document 55 Filed 01/24/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0157V
JEAN DEOLEO and DAYRE DEOLEO, Chief Special Master Corcoran
On behalf of their daughter, I.D., a
minor,
Filed: November 29, 2023
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 15, 2022, Jean Deoleo and Dayre Deoleo (“Petitioners”), on behalf
of their minor daughter I.D., 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 alleged that I.D. suffered an intussusception as a result of a rotavirus vaccine
received on September 8, 2020. Petition (ECF No. 1) at 1; see also Motion for Ruling on
the Record filed Sept. 11, 2023 (ECF No. 39). The case was assigned to the Special
Processing Unit of the Office of Special Masters.
1 Because this unpublished Ruling contains a reasoned explanation for the action taken in this case, it must
be made publicly accessible and will be posted 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 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2018).

Case 1:22-vv-00157-UNJ Document 55 Filed 01/24/24 Page 2 of 2
On November 27, 2023, Respondent filed his Rule 4(c) report in which he
concedes that Petitioners, on behalf of I.D., are entitled to compensation in this case.
Respondent’s Rule 4(c) Report (ECF No. 43) at 2, 4. Specifically, Respondent agrees
that the record preponderantly supports an intussusception following rotavirus vaccine as
defined by the Vaccine Injury Table. Id. at 4 (citing 42 C.F.R. §§ 100.3(a)(XI), (c)(4)).
Respondent further agrees that there is not preponderant evidence of an alternative
cause and that the statutory severity requirement is met. Id. (citing Section 11(c)(1)(D)).
In view of Respondent’s position and the evidence of record, I find that
Petitioners, on behalf of I.D., are entitled to compensation.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Additionally, in light of Respondent’s position and this Ruling on Entitlement, Petitioners’ Motion for a
Ruling on the Record (ECF No. 39) is hereby GRANTED.
2