# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 1094 V

Filed: June 9, 2015

Unpublished

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

JASMINE MORGAN (Parent), *

On behalf of the Estate of *

C.S. (deceased, minor)

, *

*

Petitioner, * Ruling on Entitlement; Concession;

* Diphtheria, t etanus and ac ellular

* Pertussis ( “ D t aP ” ) ; Encephalopathy ;

SECRETARY OF HEALTH * Death; Table Injury

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respondent. *

*

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

Rabiah Abdullah, Rich Law Firm, P.C., Washington, D.C. , for petitioner.

Michael Patrick Mil moe , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Vowell

, Chief Special Master:

On November 10, 2014

, Jasmine Morgan 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 C.S., a deceased minor

. Peti tioner alleges that

C.S. died of acute cerebral edema and brain herniation as a result of receiving

, inter

alia , a DtaP vaccine

. Petit ion at 1

. Petitioner alleged C.S. ’ s injury and death were

either caused in fact by his vaccinations or constituted an injury contained within the

Vaccine Injury Table. Id at 6. The case was assigned to the Special Processing Unit of

the Office of Special Masters.

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I inte nd to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 day s to identify and move to

redact medical or other information, the disclosure of which would constitute an unwarranted invasion of

privacy. If, upon review, I agree that the identified material fits withi n this definition, I will reda ct 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 subparagraph of 42 U.S.C. §

300aa (2006).On June 8, 2015 , respondent filed her Rule 4(c) r eport in which she concedes

that petitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report

at 1

. Specifically, respondent states:

DICP has concluded that a preponderance of evidence establishes that

C.S.’s injury meets the require ments of demonstrating an on

- Table

encephalopathy for pertussis

- containing vaccines, pursuant to the Vaccine

Injury Table. 42 C.F.R. § 100.3(a). In addition, DICP co ncluded that C.S’s

death was a result of his on

- Table injury. Finally, DICP concluded that

C.S.’s injury and death were not due to factors unrelated to the

administration of this vaccine. See 42 U.S.C. § 300aa

- 13(a)(1). In

summary, in light of the informa tion contained in petitioner’s medical

records, respondent has concluded that C.S’s death is compensable

under the Act.

Id. at 4

.

In view of respondent’s concession and the evidence before me, I find that

petitioner is entitle d to compensation

.

s/Denise K. Vowe ll

Denise K. Vowell

Chief Special Master