In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-631V

Filed: June 9, 2016

UNPUBLISHED

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

DANIEL NEIMAN and ALLYSON F., *

NEIMAN, as parents and legal *

Representatives of their minor son *

N.K.N. *

*

Petitioner, * Ruling on Entitlement; Concession;

v. * Rotavirus;

* Intussusception; Cause-in-Fact;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Elizabeth Martin Muldowney, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for 

petitioner.

Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On June 19, 2015, petitioner filed a petition for compensation under the National 

Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2 (the “Vaccine 

Act”). Petitioner alleges that following administration of a number of vaccinations, 

including rotavirus vaccine, N.K.N. developed severe intussusception requiring surgical 

intervention. Petition at 1. The case was assigned to the Special Processing Unit of the 

Office of Special Masters.

On June 8, 2016, respondent filed her Rule 4(c) report in which she concedes 

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

 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services). 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 

unwarranted 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 subparagraph of 42 U.S.C. § 

300aa (2012).
2

at 1. Specifically, respondent concluded that the facts of the case “support a finding 

that N.K.N.’s intussusception, more likely than not, was caused in fact by the 

administration of the rotavirus vaccine.”3 Id. at 5. Respondent further agrees that 

“entitlement to compensation is appropriate under the terms of the Vaccine Act.” Id.

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

undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

 3 Respondent noted that “Intussusception was added to the Vaccine Table as an injury for the rotavirus 

vaccine on July 23, 2015. Since the petition in this case was filed on June 19, 2015, prior to the Table 

amendment taking effect, petitioners are unable to assert a Table intussusception injury claim.” Id. at 5 

(citations omitted).