VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01122 Package ID: USCOURTS-cofc-1_23-vv-01122 Petitioner: C.S. Filed: 2023-07-19 Decided: 2024-12-06 Vaccine: rotavirus Vaccination date: 2023-04-17 Condition: intussusception Outcome: compensated Award amount USD: 40142.5 AI-assisted case summary: On July 19, 2023, Roizy Teitelbaum, as the parent and natural guardian of C.S., a minor, filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that C.S. suffered intussusception after receiving a rotavirus vaccine on April 17, 2023. The petition stated that C.S. received the vaccine in the United States, that the intussusception required inpatient hospitalization and a surgical procedure, and that no prior action or compensation had been sought for this vaccine-related injury. The case was assigned to the Special Processing Unit. On May 24, 2024, the respondent filed a Rule 4(c) report conceding entitlement to compensation. The respondent agreed that C.S.'s intussusception met the criteria of the Vaccine Injury Table, manifesting between one and twenty-one days after the rotavirus vaccine, and that there was no preponderant evidence that the condition was due to a factor unrelated to the vaccine. The respondent also agreed that the intussusception resulted in inpatient hospitalization and surgical intervention and that the petitioner had met all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 28, 2024, finding C.S. entitled to compensation. Subsequently, on December 5, 2024, the respondent filed a proffer on the award of compensation, which the petitioner accepted. On December 6, 2024, Chief Special Master Corcoran issued a decision awarding compensation. The award included a lump sum payment of $5,142.50 to satisfy a State of New Jersey Medicaid lien, payable jointly to the petitioner and the Treasurer of the State of New Jersey, c/o Health Management Systems, Inc. The award also included $35,000.00 to purchase an annuity contract for pain and suffering. This annuity was structured to provide two lump-sum payments of $36,345.00 each in February and March of 2041. The total purchase price of the annuity was fixed at $35,000.00, with adjustments to the lump-sum payments to ensure this cost. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments beyond the need for hospitalization and surgery. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Katherine Edwards of the U.S. Department of Justice. Theory of causation field: Petitioner C.S., a minor, received a rotavirus vaccine on April 17, 2023, and subsequently suffered intussusception requiring inpatient hospitalization and surgical intervention. Respondent conceded entitlement to compensation via a Rule 4(c) report, agreeing that the intussusception manifested between one and twenty-one days after vaccination, met the Vaccine Injury Table criteria, and was not shown by preponderant evidence to be due to an unrelated factor. Entitlement ruling was issued by Chief Special Master Brian H. Corcoran on May 28, 2024. Damages were resolved through a stipulation and proffer accepted by the petitioner. On December 6, 2024, Chief Special Master Corcoran awarded $5,142.50 as a lump sum to satisfy the State of New Jersey Medicaid lien, payable jointly to the petitioner and the New Jersey Treasurer. Additionally, $35,000.00 was awarded to purchase an annuity for pain and suffering, structured to provide two payments of $36,345.00 in 2041, with adjustments to maintain the $35,000.00 purchase price. Petitioner's attorney was Maximillian J. Muller; respondent's attorney was Katherine Edwards. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01122-0 Date issued/filed: 2024-06-28 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/28/2024) regarding 21 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01122-UNJ Document 23 Filed 06/28/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1122V ROIZY TEITELBAUM, as Parent and Chief Special Master Corcoran Natural Guardian of C.S., a Minor, Filed: May 28, 2024 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 19, 2023, Roizy Teitelbaum, as parent and natural guardian of C.S., a minor, 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 C.S. suffered intussusception resulting from a rotavirus vaccine received on April 17, 2023. Petition at 1. Petitioner further alleges that C.S. received the vaccine in the United States, C.S.’s intussusception caused him to undergo inpatient hospitalization and a surgical procedure, and neither petitioner, nor any other party, has ever filed any action or received compensation in the form of an award or settlement, for C.S.’s vaccine-related injury. 1 Because this 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 1:23-vv-01122-UNJ Document 23 Filed 06/28/24 Page 2 of 2 Petition at ¶¶ 2, 5, 9-11; Ex. 1 at 2; Ex. 3 at 222-227. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 24, 2024, 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 agrees that Petitioner is entitled to a presumption of causation because C.S.’s intussusception meets the criteria of the Vaccine Injury Table in that “C.S.’s intussusception manifested between one and twenty-one days after his receipt of the rotavirus vaccine, and there is not preponderant evidence that his condition was due to a factor unrelated to the vaccine.” Id. at 4. Respondent further agrees that C.S.’s intussusception resulted in inpatient hospitalization and surgical intervention, and 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01122-cl-extra-10734884 Date issued/filed: 2024-06-28 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268294 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1122V ROIZY TEITELBAUM, as Parent and Chief Special Master Corcoran Natural Guardian of C.S., a Minor, Filed: May 28, 2024 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 19, 2023, Roizy Teitelbaum, as parent and natural guardian of C.S., a minor, 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 C.S. suffered intussusception resulting from a rotavirus vaccine received on April 17, 2023. Petition at 1. Petitioner further alleges that C.S. received the vaccine in the United States, C.S.’s intussusception caused him to undergo inpatient hospitalization and a surgical procedure, and neither petitioner, nor any other party, has ever filed any action or received compensation in the form of an award or settlement, for C.S.’s vaccine-related injury. 1 Because this 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). Petition at ¶¶ 2, 5, 9-11; Ex. 1 at 2; Ex. 3 at 222-227. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 24, 2024, 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 agrees that Petitioner is entitled to a presumption of causation because C.S.’s intussusception meets the criteria of the Vaccine Injury Table in that “C.S.’s intussusception manifested between one and twenty-one days after his receipt of the rotavirus vaccine, and there is not preponderant evidence that his condition was due to a factor unrelated to the vaccine.” Id. at 4. Respondent further agrees that C.S.’s intussusception resulted in inpatient hospitalization and surgical intervention, and 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-01122-1 Date issued/filed: 2025-01-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/06/2024) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01122-UNJ Document 35 Filed 01/07/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1122V ROIZY TEITELBAUM, as Parent and Chief Special Master Corcoran Natural Guardian of C.S., a Minor, Filed: December 6, 2024 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 19, 2023, Roizy Teitelbaum, as parent and natural guardian of C.S., a minor, 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 C.S. suffered intussusception resulting from a rotavirus vaccine received on April 17, 2023. Petition at 1. Petitioner further alleges that C.S. received the vaccine in the United States, C.S.’s intussusception caused him to undergo inpatient hospitalization and a surgical procedure, and neither Petitioner, nor any other party, has ever filed any action or received compensation in the form of an award or settlement, for C.S.’s vaccine-related injury. Petition at ¶¶ 2, 5, 9-11; Ex. 1 at 2; Ex. 3 at 222-227. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Decision 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 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 (2018). Case 1:23-vv-01122-UNJ Document 35 Filed 01/07/25 Page 2 of 7 On May 28, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for intussusception. On December 5, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $35,000.00 to purchase an annuity contract and $5,142.50 for reimbursement of a Medicaid lien. Proffer at 2-4. In the 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 $5,142.50, representing compensation for satisfaction of the State of New Jersey Medicaid lien, in the form of a check payable jointly to Petitioner and: Treasurer, State of New Jersey c/o Health Management Systems, Inc. P.O. Box 416522 Boston, MA 02241-6522 Phone: (877) 262-7385, Fax: (866) 276-1176 Case No. 248592 Medicaid ID: 233126972020 Petitioner agrees to endorse the check to the Treasurer, State of New Jersey, for satisfaction of the Medicaid lien. B. An amount of $35,000.00 to purchase the annuity contract described in section I.B. of the Proffer, for pain and suffering. These amounts represent compensation for all damages that would be available under Section 15(a). 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 Case 1:23-vv-01122-UNJ Document 35 Filed 01/07/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ROIZY TEITELBAUM, as a parent and natural guardian of C.S., a minor, Petitioner, No. 23-1122V v. Chief Special Master Brian H. Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On May 24, 2024, respondent filed a Vaccine Rule 4(c) report concluding that C.S. suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34, that is, intussusception, as defined in the Vaccine Injury Table. EFC 19. Accordingly, on May 28, 2024, the Chief Special Master issued a Ruling on Entitlement. EFC 21. 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 C.S. 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. Case 1:23-vv-01122-UNJ Document 35 Filed 01/07/25 Page 4 of 7 I. Items of Compensation A. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of New Jersey Medicaid lien in the amount of $5,142.50, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of New Jersey may have against any individual as a result of any Medicaid payments the State of New Jersey has made to or on behalf of C.S. from the date of his eligibility for benefits through the date of judgment in this case as a result of C.S.’s alleged vaccine-related injury suffered on or about April 17, 2023, under Title XIX of the Social Security Act. Reimbursement of the State of New Jersey Medicaid lien shall be made through a lump sum payment of $5,142.50, representing compensation for satisfaction of the State of New Jersey Medicaid lien, in the form of a check payable jointly to petitioner and: Treasurer, State of New Jersey c/o Health Management Systems, Inc. P.O. Box 416522 Boston, MA 02241-6522 Phone: (877) 262-7385, Fax: (866) 276-1176 Case No. 248592 Medicaid ID: 233126972020 Petitioner agrees to endorse the check to the Treasurer, State of New Jersey for satisfaction of the Medicaid lien. B. Pain and Suffering For pain and suffering, respondent proffers that petitioner should be awarded an amount 2 Case 1:23-vv-01122-UNJ Document 35 Filed 01/07/25 Page 5 of 7 of $35,000.00 to purchase an annuity contract,2 paid to the life insurance company3 from which the annuity will be purchased,4 subject to the conditions described below, that will provide payments to C.S. as set forth below: A lump sum of $36,345.00 payable on February 13, 2041. A lump sum of $36,345.00 payable on March 13, 2041. The purchase price of the annuity described in this paragraph shall neither be greater than nor less than $35,000.00. In the event that the cost of the annuity set forth above varies from $35,000.00, the actual lump sum payments shall be equally adjusted accordingly to ensure that the total cost of the annuity is neither less nor greater than $35,000.00. Should C.S. predecease any of the certain payments set forth above, any remaining certain payments shall be made to his estate. However, written notice to the Secretary of Health and Human Services and the Life Insurance Company shall be provided within twenty (20) days of C.S.’s death. These amounts represent all elements of compensation to which C.S. is entitled under 42 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; 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. 3 Case 1:23-vv-01122-UNJ Document 35 Filed 01/07/25 Page 6 of 7 U.S.C. § 300aa-15(a). Petitioner agrees.5,6 II. Summary of Recommended Payments Following Judgment A. A lump sum of $5,142.50 for reimbursement of a Medicaid lien; and B. An amount of $35,000.00 to purchase the annuity contract described above in section I.B. Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division COLLEEN C. HARTLEY Assistant Director Torts Branch, Civil Division 5 Petitioner represents that petitioner presently is, or if necessary, will become, authorized to serve as guardian/conservator of C.S.’s estate as may be required under the laws of the State of New Jersey. 6 The parties further agree that the annuity payments cannot be assigned, accelerated, deferred, increased, or decreased by the parties and that no part of any annuity payments called for herein, nor any assets of the United States or the annuity company, are subject to execution or any legal process for any obligation in any manner. Petitioner and petitioner’s heirs, executors, administrators, successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise. 4 Case 1:23-vv-01122-UNJ Document 35 Filed 01/07/25 Page 7 of 7 /s/ Katherine Edwards KATHERINE EDWARDS 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) 742-6374 Katherine.Edwards2@usdoj.gov Dated: December 5, 2024 5 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-01122-cl-extra-10775530 Date issued/filed: 2025-01-07 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10308942 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1122V ROIZY TEITELBAUM, as Parent and Chief Special Master Corcoran Natural Guardian of C.S., a Minor, Filed: December 6, 2024 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 19, 2023, Roizy Teitelbaum, as parent and natural guardian of C.S., a minor, 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 C.S. suffered intussusception resulting from a rotavirus vaccine received on April 17, 2023. Petition at 1. Petitioner further alleges that C.S. received the vaccine in the United States, C.S.’s intussusception caused him to undergo inpatient hospitalization and a surgical procedure, and neither Petitioner, nor any other party, has ever filed any action or received compensation in the form of an award or settlement, for C.S.’s vaccine-related injury. Petition at ¶¶ 2, 5, 9-11; Ex. 1 at 2; Ex. 3 at 222-227. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Decision 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 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 (2018). On May 28, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for intussusception. On December 5, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $35,000.00 to purchase an annuity contract and $5,142.50 for reimbursement of a Medicaid lien. Proffer at 2-4. In the 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 $5,142.50, representing compensation for satisfaction of the State of New Jersey Medicaid lien, in the form of a check payable jointly to Petitioner and: Treasurer, State of New Jersey c/o Health Management Systems, Inc. P.O. Box 416522 Boston, MA 02241-6522 Phone: (877) 262-7385, Fax: (866) 276-1176 Case No. 248592 Medicaid ID: 233126972020 Petitioner agrees to endorse the check to the Treasurer, State of New Jersey, for satisfaction of the Medicaid lien. B. An amount of $35,000.00 to purchase the annuity contract described in section I.B. of the Proffer, for pain and suffering. These amounts represent compensation for all damages that would be available under Section 15(a). 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ROIZY TEITELBAUM, as a parent and natural guardian of C.S., a minor, Petitioner, No. 23-1122V v. Chief Special Master Brian H. Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On May 24, 2024, respondent filed a Vaccine Rule 4(c) report concluding that C.S. suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34, that is, intussusception, as defined in the Vaccine Injury Table. EFC 19. Accordingly, on May 28, 2024, the Chief Special Master issued a Ruling on Entitlement. EFC 21. 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 C.S. 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. I. Items of Compensation A. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of New Jersey Medicaid lien in the amount of $5,142.50, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of New Jersey may have against any individual as a result of any Medicaid payments the State of New Jersey has made to or on behalf of C.S. from the date of his eligibility for benefits through the date of judgment in this case as a result of C.S.’s alleged vaccine-related injury suffered on or about April 17, 2023, under Title XIX of the Social Security Act. Reimbursement of the State of New Jersey Medicaid lien shall be made through a lump sum payment of $5,142.50, representing compensation for satisfaction of the State of New Jersey Medicaid lien, in the form of a check payable jointly to petitioner and: Treasurer, State of New Jersey c/o Health Management Systems, Inc. P.O. Box 416522 Boston, MA 02241-6522 Phone: (877) 262-7385, Fax: (866) 276-1176 Case No. 248592 Medicaid ID: 233126972020 Petitioner agrees to endorse the check to the Treasurer, State of New Jersey for satisfaction of the Medicaid lien. B. Pain and Suffering For pain and suffering, respondent proffers that petitioner should be awarded an amount 2 of $35,000.00 to purchase an annuity contract, 2 paid to the life insurance company 3 from which the annuity will be purchased, 4 subject to the conditions described below, that will provide payments to C.S. as set forth below: A lump sum of $36,345.00 payable on February 13, 2041. A lump sum of $36,345.00 payable on March 13, 2041. The purchase price of the annuity described in this paragraph shall neither be greater than nor less than $35,000.00. In the event that the cost of the annuity set forth above varies from $35,000.00, the actual lump sum payments shall be equally adjusted accordingly to ensure that the total cost of the annuity is neither less nor greater than $35,000.00. Should C.S. predecease any of the certain payments set forth above, any remaining certain payments shall be made to his estate. However, written notice to the Secretary of Health and Human Services and the Life Insurance Company shall be provided within twenty (20) days of C.S.’s death. These amounts represent all elements of compensation to which C.S. is entitled under 42 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; 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. 3 U.S.C. § 300aa-15(a). Petitioner agrees. 5,6 II. Summary of Recommended Payments Following Judgment A. A lump sum of $5,142.50 for reimbursement of a Medicaid lien; and B. An amount of $35,000.00 to purchase the annuity contract described above in section I.B. Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division COLLEEN C. HARTLEY Assistant Director Torts Branch, Civil Division 5 Petitioner represents that petitioner presently is, or if necessary, will become, authorized to serve as guardian/conservator of C.S.’s estate as may be required under the laws of the State of New Jersey. 6 The parties further agree that the annuity payments cannot be assigned, accelerated, deferred, increased, or decreased by the parties and that no part of any annuity payments called for herein, nor any assets of the United States or the annuity company, are subject to execution or any legal process for any obligation in any manner. Petitioner and petitioner’s heirs, executors, administrators, successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise. 4 /s/ Katherine Edwards KATHERINE EDWARDS 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) 742-6374 Katherine.Edwards2@usdoj.gov Dated: December 5, 2024 5 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_23-vv-01122-cl-extra-11053141 Date issued/filed: 2025-05-19 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10586553 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1122V CORRECTED ROIZY TEITELBAUM as parent and natural guardian of C.S., Chief Special Master Corcoran a minor, Filed: April 16, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On July 19, 2023, Roizy Teitelbaum, as parent and natural guardian of C.S., a minor, 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 C.S. 1 Because this Decision 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 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 (2018). suffered intussusception resulting from a rotavirus vaccine received on April 17, 2023. Petition, ECF No. 1. On December 6, 2024, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 30. Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $20,136.24 (representing $19,327.20 in fees plus $809.04 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed January 7, 2025. ECF No. 34. Furthermore, counsel for Petitioner represents that Petitioner incurred no personal out-of-pocket expenses. ECF No. 34 at 2. Respondent reacted to the motion on January 10, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-4, ECF No. 36. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 34 at 5-23. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $20,136.24 (representing $19,327.20 in fees plus $809.04 in costs) to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2