Brooks v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-563V Filed: November 4, 2014

************************* WILLIAM JAKE BROOKS and * MONICA LYNN BROOKS, as the legal * representatives of their minor son, C.B.; *

Petitioner, * Ruling on Entitlement; Concession;

* Rotavirus Vaccine; Intussusception v. *

* *

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

************************* Curtis R. Webb, Twin Falls, ID, for petitioners.

Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1 Vowell, Chief Special Master:

On July 2, 2014, William Jake Brooks and Monica Lynn Brooks [“petitioners”] 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 their minor son, C.B. The petition alleges that as a result of a rotavirus vaccination on July 8, 2011, C.B. suffered an intussusception, bowel resection, and sequela. Petition at 2.

On November 3, 2014, respondent filed her Rule 4(c) Report [“Respondent’s Report”], in which she concedes that petitioners are entitled to compensation in this case. Respondent’s Report at 5. Specifically, respondent submits that “the facts of this case [] support a finding that C.B.’s intussusception, more likely than not, was caused in fact by the administration of the rotavirus vaccine.” Id. Respondent notes that “C.B. suffered the effects or sequela of his injury for more than six months after vaccine administration.” Id.

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