# In the United States Court of Federal C laims

O FFICE OF SPECIAL MASTERS

No. 1 3

- 422 V

December 1 6

, 201 3

Not for Publication

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

SEAN VANYO and KELLY VANYO, *

P arents and N atural G uardians of C.V., *

a M inor, *

*

Petitioner s

, *

*

v. * RotaTeq vaccine; intussusception;

* respondent concedes entitlement

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent

. *

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

Jeffrey A. Golvash

, Pittsburgh, PA , for petitioners.

Darryl R . Wishard , Washington, DC, for respondent.

MILLMAN, Special Master

RULING ON ENTITLEMENT 1

On June 26, 2013

, petitioner s filed a petition under the National Childhood Vaccine

Injury Act, 42 U.S.C. § 300aa

- 10

– 34 (2012) , alleging that RotaTeq vaccine administered to their

son C.V. 2 on June 30 , 2010

, c aused C.V. ’s intussusception, which requir ed surgical intervention

.

1 Because this unpublished ruling on entitlement contains a reasoned exp lanation for the special master’ s

action in this case, the special master intends to post this unpublished ruling on entitlement on the United

States Court of Federal Claims’ s website, in accordance with the E

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

107

- 347, 116 Stat. 289 9, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special

masters will be made available to the public unless they contain trade secrets or commercial or financial

information that is privileged and confidential, or medical or si milar information whose disclosure would

constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days

to identify and move to delete such information prior to the document ’ s disclosure. If the special master

, upon review, agrees that the identified material fits within the banned categories listed above, the special

master shall delete such material from public access.2

On November 19, 2013, petitioners sent a demand for settlement to respondent.

On December 13, 2013, respondent filed Respondent’s Rule 4(c) Report, stating that the

case is appropriate for compensation under the Vaccine Act. See Respondent’s Report, Dec. 13,

2013, ECF No. 15. Responden t requested cancellation of the next scheduled telephonic status

conference on Monday, January 6, 2014, at 12:00 p.m. (EST). Respondent’s request is

GRANTED

. This case is now in damages.

FACTS

C

. V . was born on February 22, 2010

.

On June 30, 2010, he received RotaTeq, DTaP, IPV, hepatitis B, HIB, and Prevnar

vaccinations. Med. recs. Ex. 4

, at 1

.

On July 6, 2010, at 4:09 p.m., C.V. was taken to Westmoreland Hospital Emergency

Department. Med. recs. Ex. 6, at 4. He had been vomitin g since 1:00 a.m., was in pain, and was

not eating. Id. He did not have fever. Id. C.V. was transferred to Children’s Hospital in

Pittsburgh where he underwent laparoscopic surgery to resolve his intussusception. Id. at 8 ;

Med. recs. Ex. 7, at 94.

DISCUSSION

P etitioners ha d the burden of proving that RotaTeq vaccine caused in fact C

. V . to have

intussusception

. With respondent’s concession of liability, p etitioners have satisfied their burden

of proof. The undersigned ORDERS the parties to file a joint status report on their progress in

settling this case by January 31, 2014

.

CONCLUSION

With respondent’s concession, this case is now in damages.

IT IS SO ORDERED.

December 1 6

, 2013 s/Laura D. Millman

DATE Laura D. Millman

Special Master

2 Vaccine Rule 16(b) states that “if the petition is filed on behalf of a minor, the capti on may include only

the minor’s initials. To avoid the need for a redaction request and accidental disclosure of the minor

child’s name in later proceedings in this case, the undersigned instructs the Clerk of Court to modify the

case caption to the minor ’s initials C.V.