# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 631 V

Filed: June 9, 2016

UNPUBLISHED

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

DANIEL NEIMAN and ALLYSON F.

, *

NEIMAN, as parents and legal *

R epresentatives 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 ENTITLEMENT 1

Dorsey

, Chief Special Master:

On June 19, 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”)

. Peti tioner alleges that f ollowing administration of a number of vaccinations,

including rotavirus vaccine, N.K.N. develop ed severe intussusception requiring surgical

intervention

. Petit ion 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) r eport in which she concedes

that petitioner is entitled to compensa tion 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the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 wi th

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 subpara graph of 42 U.S.C. §

300aa (2012 ).2 at 1

. Specifically, respondent conclu ded 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 find s that petitioner is entitle d 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 fo r 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).