VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00640 Package ID: USCOURTS-cofc-1_24-vv-00640 Petitioner: G.F. Filed: 2024-10-01 Decided: 2024-10-29 Vaccine: rotavirus Vaccination date: 2022-01-07 Condition: intussusception Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Jamie and Aaron Fletcher, on behalf of their minor son G.F., filed a petition on October 1, 2024, seeking compensation under the National Vaccine Injury Compensation Program. They alleged that G.F. received a rotavirus vaccination on or about January 7, 2022, which caused him to suffer from intussusception. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records. In a Rule 4(c) Report dated September 30, 2024, the respondent acknowledged that the claim is compensable. The respondent conceded that the evidence showed G.F.'s intussusception manifested between one and twenty-one days after the vaccination, that there was no evidence of an unrelated cause, and that the condition required inpatient hospitalization and surgical intervention. Based on the respondent's concession and a review of the record, Chief Special Master Brian H. Corcoran found that Petitioners are entitled to compensation. A separate order for damages will be issued. The public decision does not describe the specific onset symptoms, diagnostic tests, treatments, or the mechanism of injury. Petitioner counsel was Diana Lynn Stadelnikas and respondent counsel was Margaret Armstrong. Chief Special Master Corcoran issued the ruling. Theory of causation field: Petitioners alleged that a rotavirus vaccination administered on or about January 7, 2022, caused G.F. to suffer intussusception. The respondent conceded that the evidence showed G.F.'s intussusception manifested between one and twenty-one days after vaccination, that there was no preponderant evidence of an unrelated cause, and that the condition resulted in inpatient hospitalization and surgical intervention. Chief Special Master Brian H. Corcoran found Petitioners entitled to compensation based on the respondent's concession and a review of the record. The specific theory of causation, medical experts, and detailed mechanism of injury are not described in the public decision. The outcome was entitlement granted, pending damages. The attorneys involved were Diana Lynn Stadelnikas for Petitioners and Margaret Armstrong for Respondent. The decision date was October 29, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00640-0 Date issued/filed: 2024-10-29 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/01/2024) regarding 14 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (mva) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00640-UNJ Document 16 Filed 10/29/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-640V * * * * * * * * * * * * * * * * * * * * * * * * * * JAMIE FLETCHER and AARON * Chief Special Master Corcoran FLETCHER, on behalf of G.F., a minor * child, * Filed: October 1, 2024 * Petitioners, * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Diana Lynn Stadelnikas, Mctlaw, Sarasota, FL, for Petitioners. Margaret Armstrong, U.S. Dep’t of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 23, 2024, Jamie and Aaron Fletcher, on behalf of their minor son, G.F., filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”). 2 Petition (ECF No. 1) at 1. Petitioners allege that G.F.’s receipt of a rotavirus vaccination on or about January 7, 2022, caused G.F. to suffer intussusception. Id. at 1–4. In his Rule 4(c) Report, Respondent has acknowledged that Petitioners’ claim is compensable under the Act. See Respondent’s Report, dated September 30, 2024 (ECF No. 13). Respondent specifically stated that medical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services, have reviewed the petition and 1 "Under Vaccine Rule 18(b), each party has fourteen (14) days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public in its present form. Id." 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). Case 1:24-vv-00640-UNJ Document 16 Filed 10/29/24 Page 2 of 2 accompanying documents filed in this case, as well as the relevant medical records, and Respondent has concluded that Petitioners have met their burden of proof in connecting the vaccination that G.F. received to his condition as required for entitlement under the Vaccine Act. Id. at 5. Respondent concedes that the evidence shows that G.F.’s intussusception manifested between one and twenty-one days after his receipt of the rotavirus vaccine, that there is no preponderant evidence that his condition was due to a factor unrelated to the vaccine, and that his intussusception “resulted in inpatient hospitalization and surgical intervention.” Id. at 5–6. In view of Respondent’s concession and based on my own review of the record (see Section 13(a)(1); 42 C.F.R. § 100.3 (a)(I)), I find that Petitioners are entitled to compensation. A separate damages order will be issued shortly. Any questions may be directed to my law clerk, Madison Atkinson, at madison_atkinson@cfc.uscourts.gov. IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Chief Special Master 2