Correa v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-0566V Filed: November 4, 2015

Unpublished **************************** RAFAEL CORREA and ZAPHIRA * BRITO, on behalf of A.C., a minor, *

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Petitioners, * Ruling on Entitlement; Concession;

* Rotavirus Vaccine; Intussusception; * Surgical Intervention; Special

SECRETARY OF HEALTH * Processing Unit (“SPU”) AND HUMAN SERVICES, *

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Respondent. *

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**************************** John Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.

Adriana Teitel, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1 Dorsey, Chief Special Master:

On June 3, 2015, 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 daughter A.C. The petition alleges that A.C. suffered intussusception due to the rotavirus vaccine she received on July 3, 2012. Petition at 1 (preamble). The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.

On November 2, 2015, respondent filed a Rule 4(c) report in which she conceded entitlement to compensation. Respondent’s Rule 4(c) Report at 1, 5. Specifically, respondent stated that the facts supported a finding that A.C.’s intussusception more likely than not was caused-in-fact by the administration of the rotavirus vaccine on July 3, 2012. Additionally, the medical records documented that A.C. was hospitalized for surgical intervention for the treatment of her intussusception, a fact which satisfies a legal prerequisite to compensation. Id. at 5.

In view of respondent’s concession and the evidence of record, the undersigned finds that petitioners are entitled to compensation.

IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master