# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1196 V

Filed: January 6, 2016

Unpublished

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

JUSTIN DIAZ, on behalf of *

D.J. D., a minor child, *

*

Petitioner, * Ruling on Entitlement; Concession;

* Diphtheria

- tetanus

- ac ellular pertussis

* (DTaP) Vaccine ; Rotavirus Vaccine ;

SECRETARY OF HEALTH * P neumococcal Vaccine;

AND HUMAN SERVICES, * Intussusception; Surgical Intervention;

* Special Processing Unit ( “ SPU ” )

Respondent. *

*

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

Diana Seda r, Maglio Christopher and Toale, PA, Sarasota, FL

, for petitioner;

Ryan Pyles , U

. S

. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey

, Chief Special Master:

On October 14, 2015

, p etitioner 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 h is minor chil d, D.J

. D. Peti tioner alleges that

the diphtheria

- tetanus

- acellular pertussis (DTaP) , rotavirus, and/or pneumococcal

vaccination administered on December 30, 2014, caused D.J.D. to develop

intussusception requiring surgical intervention

. See generally Petit ion

. The case was

assigned to the Special Processing Unit ( “ SPU ” ) of the Office of Special Masters.

On January 6, 2016

, respondent filed her Rule 4(c) r eport in which she concedes

entitlement to compensa tion in this case. Resp t’s Rule 4(c) Rep

. at 1 , 4 . Specifically,

respondent stated that the facts of this case support a finding that D.J.D. ’ s intussusception more likely than not was caused in fact by the administration of the

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with

the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended

at 44 U.S.C. § 3501 note (2006)). 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

unwar ranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits

within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).rotavirus vaccine. Id. at 3

. A dditionally t he record reflects that D.J.D. was hospitalized

for surgical intervention for the treatment of his intu ssusception

. Id. Thus, petitioner

has met the legal requirements unde r the Vaccine Act for compensation

.

In view of respondent’s concession and the evidence o f record

, the

undersigned find s that petitioner is entitle d to compensation

.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master