In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-1716V 

Filed: August 6, 2018 

UNPUBLISHED 

JEANETTE KUHL, on behalf of 

E.K., minor vacinee,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Rotavirus Vaccine; Intussusception

Terry Allen Dawes, McKeen & Associates, Detroit, MI, for petitioner. 

Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On December 29, 2016, 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 that E.K.’s receipt of a rotavirus vaccine on or 

about October 28, 2015, caused him to suffer intussusception.3 Petition at 1-2. The 

case was assigned to the Special Processing Unit of the Office of Special Masters. 

On September 19, 2017, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for E.K.’s intussusception injury. On August 3, 2018, 

respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner 

 

1

 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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). 

3 E.K.’s vaccination record lists an administration date of October 29, 2015. See, e.g., 

Petitioner’s Exhibit (“Pet. Ex.”) 5 at 2, 17.
2

should be awarded $50,000.00. Proffer at 2. In the Proffer, respondent represented 

that petitioner agrees with the proffered award. Based on the record as a whole, the 

undersigned finds that petitioner is entitled to an award as stated in the Proffer. 

 Pursuant to the terms stated in the attached Proffer, the undersigned awards 

petitioner a lump sum payment of $50,000.00 in the form of a check payable to 

petitioner, Jeanette Kuhl, as guardian/conservator of E.K. This amount represents 

compensation for all damages that would be available under § 300aa-15(a). 

The clerk of the court is directed to enter judgment in accordance with this 

decision.4 

IT IS SO ORDERED.

 s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master 

 

4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.
1 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

 

) 

JEANETTE KUHL, on behalf of E.K., ) 

a Minor, ) 

 ) 

 Petitioner, ) 

 ) No. 16-1716V (ECF)

v. ) Chief Special Master Dorsey 

 ) 

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

) 

 Respondent. ) 

 ) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 

I. Compensation for Vaccine Injury-Related Items 

On September 19, 2017, respondent filed his Rule 4(c) Report conceding entitlement in 

the above-captioned case. That same day, Chief Special Master Dorsey issued a Ruling on 

Entitlement finding that petitioner was entitled to a presumption of causation. Specifically, 

petitioner’s son, E.K., suffered from intussusception that met the criteria of the Vaccine Injury 

Table. E.K.’s intussusception manifested between one and twenty-one days after his receipt of 

the second dose of the rotavirus vaccine, and there is not preponderant evidence that his 

condition was due to a factor unrelated to the vaccine. Moreover, E.K.’s intussusception 

“resulted in inpatient hospitalization and surgical intervention.” See 42 U.S.C. § 300aa11(c)(1)(D)(iii). 

Based on the evidence of record, respondent proffers that E.K. should be awarded 

$50,000.00, which is based entirely on pain and suffering. This amount represents all elements 

of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner 

agrees. 
2 

II. Form of the Award

 Respondent recommends that the compensation provided to petitioner be made through a 

lump sum payment of $50,000.00, representing compensation for pain and suffering, in the form 

of a check payable to petitioner as guardian/conservator of E.K., for the benefit of E.K. No 

payment shall be made until petitioner provides respondent with documentation establishing that 

she has been appointed as guardian/conservator of E.K.’s estate. If petitioner is not authorized 

by a court of competent jurisdiction to serve as guardian/conservator of the estate of E.K., any 

such payment shall be made to the party or parties appointed by a court of competent jurisdiction 

to serve as guardian/conservator of the estate of E.K. upon submission of written documentation 

of such appointment to the Secretary.1

 Petitioner agrees. 

Respectfully submitted, 

 

 CHAD A. READLER 

 Acting Assistant Attorney General 

 

 C. SALVATORE D’ALESSIO 

 Acting Director 

 Torts Branch, Civil Division 

 

 CATHARINE E. REEVES 

 Deputy Director 

 Torts Branch, Civil Division 

 

 ALEXIS B. BABCOCK 

 Assistant Director 

 Torts Branch, Civil Division 

 

 

1 Should E.K. die prior to the entry of judgment, respondent reserves the right to move the 

Court for appropriate relief. In particular, respondent would oppose any award for future 

medical expenses, future pain and suffering, and future lost wages. 
3 

 s/Amy P. Kokot 

 AMY P. KOKOT 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Ben Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 616-4118 

Dated: August 3, 2018