Reed v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-653V

Filed: October 28, 2014

************************* JUNE REED, on behalf of * M.C., a minor child *

* Petitioner, * Ruling on Entitlement; Concession;

* Cause-in-fact; Rotavirus; v. * Intussusception

* *

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

*************************

RULING ON ENTITLEMENT 1 Vowell, Special Master:

On July 24, 2014, June Reed filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq, 2 [the “Vaccine Act” or “Program”] on behalf of her minor daughter, M.C. The petition alleges that as a result of the administration of a rotavirus vaccination on December 3, 2013, M.C. suffered an intussusception which required surgical intervention. Petition at pp. 1-2.

On October 28, 2014, respondent filed her Rule 4(c) Report [“Respondent’s Report”], in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Report at p. 4. Specifically, respondent submits that “the temporal association between the administration of M.C.’s December 3, 2013, rotavirus vaccine and the onset of her intussusception is medically appropriate, and there is no other identifiable alternate cause for M.C.’s onset of intussusception. Thus, causation-in-fact is supported by the record and petitioner has satisfied the legal prerequisites for compensation under the Vaccine Act.” Id. at p. 3

In view of respondent’s concession and the evidence before me, I find that petitioner is entitled to compensation. s/Denise K. Vowell Denise K. Vowell Chief Special Master