VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00652 Package ID: USCOURTS-cofc-1_24-vv-00652 Petitioner: A.G. Filed: 2025-01-08 Decided: 2025-02-07 Vaccine: rotavirus Vaccination date: 2023-06-13 Condition: intussusception Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Raleigh and Cyrus Gharbi filed a petition on January 8, 2025, on behalf of their minor child, A.G., alleging that A.G. suffered from intussusception as a result of receiving a rotavirus vaccination on June 13, 2023. They further alleged that A.G. suffered residual effects of the injury for more than six months. The Respondent filed a Rule 4(c) report conceding that A.G.'s intussusception meets the criteria of the Vaccine Injury Table and that the Petitioners have satisfied all legal prerequisites for compensation. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that A.G. is entitled to compensation. The case is proceeding to determine damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA. Respondent counsel was Michael Bliley of the U.S. Department of Justice. Theory of causation field: Petitioners Raleigh and Cyrus Gharbi filed on behalf of minor A.G., alleging intussusception following a rotavirus vaccination on June 13, 2023, with residual effects lasting over six months. The Respondent conceded that A.G.'s condition meets the criteria of the Vaccine Injury Table and that Petitioners satisfied all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a ruling on February 7, 2025, finding A.G. entitled to compensation based on the Respondent's concession. The case is proceeding to determine damages. The specific mechanism of injury, expert testimony, and detailed medical evidence are not described in the public text. Petitioner counsel: Diana Lynn Stadelnikas. Respondent counsel: Michael Bliley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00652-0 Date issued/filed: 2025-02-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/08/2025) regarding 24 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00652-UNJ Document 26 Filed 02/07/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-652V RALEIGH GHARBI and CYRUS Chief Special Master Corcoran GHARBI on behalf of A.G., a minor child, Filed: January 8, 2025 Petitioners, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Michael Bliley, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 24, 2024, Raleigh and Cyrus Gharbi (“Petitioners”) filed a petition for compensation on behalf of their minor child, A.G., under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioners allege that A.G. suffered from intussusception as a result of receiving a rotavirus vaccination on June 13, 2023. Pet., ECF No. 1. Petitioners further allege that A.G. suffered the residual effects of his injury for more than six months. Id. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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 1:24-vv-00652-UNJ Document 26 Filed 02/07/25 Page 2 of 2 On January 3, 2025, Respondent filed his Rule 4(c) report in which he concedes that Petitioners are entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1, ECF No. 22. Specifically, Respondent indicated that “A.G.’s intussusception meets the criteria of the Vaccine Injury Table.” Id. at 3. Respondent does not dispute that Petitioners “have 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