VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01644 Package ID: USCOURTS-cofc-1_23-vv-01644 Petitioner: L.R. Filed: 2023-09-25 Decided: 2024-12-19 Vaccine: rotavirus Vaccination date: 2022-12-01 Condition: intussusception Outcome: compensated Award amount USD: 50000 AI-assisted case summary: On September 25, 2023, Kristena Rivera filed a petition as parent and natural guardian of L.R., a minor, alleging that a rotavirus vaccination administered on December 1, 2022 caused intussusception. Respondent conceded that L.R. suffered a Table intussusception injury. Chief Special Master Brian H. Corcoran found entitlement on October 10, 2024. The public ruling and proffer do not describe the child's first abdominal symptoms, imaging, treatment, hospitalization, or recovery, but they identify the injury as compensable under the Vaccine Injury Table. On December 19, 2024, the Chief Special Master adopted respondent's proffer. The award used $50,000.00 to purchase an annuity contract for pain and suffering. The annuity was to provide future lump-sum payments to L.R. of $38,984.98 on July 30, 2043, $44,605.26 on July 30, 2046, and $50,664.59 on July 30, 2049, with adjustments if necessary so the purchase price equaled $50,000.00. The proffer stated that the annuity represented all compensation available to L.R. under the Vaccine Act. Theory of causation field: Minor child L.R.; petitioner Kristena Rivera; rotavirus vaccine December 1, 2022; Table intussusception. COMPENSATED. Respondent conceded entitlement; entitlement October 10, 2024; damages/proffer December 19, 2024. Award: $50,000.00 annuity purchase for pain/suffering, paying future lump sums in 2043, 2046, and 2049 subject to purchase-price adjustment. SM Corcoran. Petition filed September 25, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01644-0 Date issued/filed: 2024-11-15 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/10/2024) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01644-UNJ Document 27 Filed 11/15/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1644V KRISTENA RIVERA, parent and Chief Special Master Corcoran natural guardian of L.R., a minor, Filed: October 10, 2024 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 25, 2023, Kristena Rivera, on behalf of her minor child, L.R., 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.R. suffered from intussusception following a rotavirus vaccination received on December 1, 2022. Petition at ¶ 1. Petitioner further alleges that L.R.’s intussusception required surgery. Petition at ¶ 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 7, 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 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-01644-UNJ Document 27 Filed 11/15/24 Page 2 of 2 1. Respondent states that “Petitioner is entitled to a presumption of causation because L.R.’s intussusception meets the criteria of the Vaccine Injury Table. Specifically, L.R.’s intussusception manifested between one and twenty-one days after her receipt of the rotavirus vaccine, and there is not preponderant evidence that her condition was due to a factor unrelated to the vaccine.” Id. at 3. Respondent further agrees that “L.R.’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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01644-cl-extra-10742460 Date issued/filed: 2024-11-15 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10275870 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1644V KRISTENA RIVERA, parent and Chief Special Master Corcoran natural guardian of L.R., a minor, Filed: October 10, 2024 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On September 25, 2023, Kristena Rivera, on behalf of her minor child, L.R., 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.R. suffered from intussusception following a rotavirus vaccination received on December 1, 2022. Petition at ¶ 1. Petitioner further alleges that L.R.’s intussusception required surgery. Petition at ¶ 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 7, 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 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). 1. Respondent states that “Petitioner is entitled to a presumption of causation because L.R.’s intussusception meets the criteria of the Vaccine Injury Table. Specifically, L.R.’s intussusception manifested between one and twenty-one days after her receipt of the rotavirus vaccine, and there is not preponderant evidence that her condition was due to a factor unrelated to the vaccine.” Id. at 3. Respondent further agrees that “L.R.’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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-01644-1 Date issued/filed: 2025-01-27 Pages: 6 Docket text: PUBLIC DECISION (Originally filed: 12/19/2024) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01644-UNJ Document 32 Filed 01/27/25 Page 1 of 6 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1644V KRISTENA RIVERA, Chief Special Master Corcoran Petitioner, Filed: December 19, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 25, 2023, Kristena Rivera, on behalf of her minor child, L.R., 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.R. suffered from intussusception following a rotavirus vaccination she received on December 1, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 10, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for L.R.’s intussusception. On December 18, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $50,000.00, the amount proffered as sufficient to purchase an annuity contract as described in the Section I of the Proffer. Proffer at 2-3. 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. 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-01644-UNJ Document 32 Filed 01/27/25 Page 2 of 6 Pursuant to the terms stated in the attached Proffer, I award the amount of $50,000.00 to purchase the annuity contract described in Section I of the Proffer. This amount represents all remaining elements of compensation to which L.R. would be entitled 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-01644-UNJ Document 32 Filed 01/27/25 Page 3 of 6 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KRISTENA RIVERA, as parent and natural guardian of L.R., a minor, Petitioner, No. 23-1644V v. Chief Special Master Brian H. Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 7, 2024, respondent filed a Vaccine Rule 4(c) report concluding that L.R. 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 23. Accordingly, on October 10, 2024, the Chief Special Master issued a Ruling on Entitlement. EFC 25. 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 L.R. 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-01644-UNJ Document 32 Filed 01/27/25 Page 4 of 6 I. Items of Compensation A. Pain and Suffering For pain and suffering, respondent proffers that petitioner should be awarded an amount of $50,000.00 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 L.R. as set forth below: A lump sum of $38,984.98 payable on July 30, 2043; A lump sum of $44,605.26 payable on July 30, 2046; A lump sum of $50,664.59 payable on July 30, 2049. The purchase price of the annuity described in this paragraph shall neither be greater than nor less than $50,000.00. In the event that the cost of the annuity set forth above varies from $50,000.00, 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 $50,000.00. Should L.R. predecease 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. 2 Case 1:23-vv-01644-UNJ Document 32 Filed 01/27/25 Page 5 of 6 any of the certain payments set forth above, any remaining certain payments shall be made to her 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 L.R.’s death. These amounts represent all elements of compensation to which L.R. is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.5,6 II. Summary of Recommended Payments Following Judgment An amount of $50,000.00 to purchase the annuity contract described above in section I.A. 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 ALEXIS B. BABCOCK 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 L.R.’s estate as may be required under the laws of the State of California. 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. 3 Case 1:23-vv-01644-UNJ Document 32 Filed 01/27/25 Page 6 of 6 s/ EMILY M. HANSON EMILY M. HANSON 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) 430-4802 emily.hanson@usdoj.gov Dated: December 18, 2024 4 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-01644-cl-extra-10787685 Date issued/filed: 2025-01-27 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10321097 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1644V KRISTENA RIVERA, Chief Special Master Corcoran Petitioner, Filed: December 19, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On September 25, 2023, Kristena Rivera, on behalf of her minor child, L.R., 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.R. suffered from intussusception following a rotavirus vaccination she received on December 1, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 10, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for L.R.’s intussusception. On December 18, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $50,000.00, the amount proffered as sufficient to purchase an annuity contract as described in the Section I of the Proffer. Proffer at 2-3. 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. 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). Pursuant to the terms stated in the attached Proffer, I award the amount of $50,000.00 to purchase the annuity contract described in Section I of the Proffer. This amount represents all remaining elements of compensation to which L.R. would be entitled 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 KRISTENA RIVERA, as parent and natural guardian of L.R., a minor, Petitioner, No. 23-1644V v. Chief Special Master Brian H. Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 7, 2024, respondent filed a Vaccine Rule 4(c) report concluding that L.R. 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 23. Accordingly, on October 10, 2024, the Chief Special Master issued a Ruling on Entitlement. EFC 25. 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 L.R. 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. Pain and Suffering For pain and suffering, respondent proffers that petitioner should be awarded an amount of $50,000.00 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 L.R. as set forth below: A lump sum of $38,984.98 payable on July 30, 2043; A lump sum of $44,605.26 payable on July 30, 2046; A lump sum of $50,664.59 payable on July 30, 2049. The purchase price of the annuity described in this paragraph shall neither be greater than nor less than $50,000.00. In the event that the cost of the annuity set forth above varies from $50,000.00, 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 $50,000.00. Should L.R. predecease 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. 2 any of the certain payments set forth above, any remaining certain payments shall be made to her 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 L.R.’s death. These amounts represent all elements of compensation to which L.R. is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 5,6 II. Summary of Recommended Payments Following Judgment An amount of $50,000.00 to purchase the annuity contract described above in section I.A. 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 ALEXIS B. BABCOCK 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 L.R.’s estate as may be required under the laws of the State of California. 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. 3 s/ EMILY M. HANSON EMILY M. HANSON 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) 430-4802 emily.hanson@usdoj.gov Dated: December 18, 2024 4 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_23-vv-01644-cl-extra-11137300 Date issued/filed: 2025-09-12 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10670713 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1644V KRISTENA RIVERA, parent and natural guardian of L.R, a minor Chief Special Master Corcoran Filed: August 7, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 25, 2023, Kristena Rivera, parent and natural guardian of L.R., 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.R. suffered from intussusception following a rotavirus vaccination received on December 1, 2022. Petition, ECF No. 1. On October 10, 2024, I issued a ruling on entitlement finding the Petitioner entitled to compensation. ECF No. 25. On December 19, 2024, I issued a 1Because 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). decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 29. Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $18,668.49 (representing $18,116.10 in fees plus $552.39 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed June 10, 2025, ECF No. 33. Furthermore, counsel for Petitioner represents that no personal out-of-pocket expenses were incurred by the Petitioner. ECF No. 33 at 2. Respondent reacted to the motion on June 13, 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. Response at 2, 4. ECF No. 34. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through 2025 are reasonable and consistent with our prior determinations and will therefore be awarded herein. And all time billed to the matter was also reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 33 at 15-21. 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 $18,668.49 (representing $18,116.10 in fees plus $552.39 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