In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-1862V 

 Filed: November 5, 2018 

UNPUBLISHED 

B.C., a minor, by and through his 

parent and natural guardian, 

RACHELLE GUCWA, 

 Petitioner, 

v. 

SECRETARY OF HEALTH 

AND HUMAN SERVICES, 

 Respondent. 

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Rotavirus Vaccine; Intussusception 

 

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. 

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

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On December 1, 2017, Rachelle Gucwa (“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”) on behalf of her son, B.C. Petitioner alleges 

that B.C. suffered from intussusception as a result of a rotavirus vaccine he received on 

July 26, 2016. Petition at 1. The case was assigned to the Special Processing Unit of 

the Office of Special Masters. 

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the 

action in this case, undersigned is required 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). 

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

On June 13, 2018, a ruling on entitlement was issued, finding petitioner entitled 

to compensation. On November 2, 2018, respondent filed a proffer on award of 

compensation (“Proffer”) recommending that the undersigned award the following: an 

amount sufficient to purchase an annuity contract, paid to the life insurance company 

from which the annuity will be purchased, subject to the conditions described in the 

attached proffer, that will provide a certain lump sum payment to B.C. as follows:

$87,504.36 payable in a certain lump sum on May 23, 2034. 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. Id. 

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

an amount sufficient to purchase an annuity contract, paid to the life insurance 

company from which the annuity will be purchased, subject to the conditions 

described in the attached proffer that will provide a certain lump sum payment to 

B.C. as set forth below:

$87,504.36 payable in a certain lump sum on May 23, 2034. 

This amount represents compensation for all damages that would be available 

under § 15(a). The clerk of the court is directed to enter judgment in accordance with 

this decision.3 

IT IS SO ORDERED.

 s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master 

 

3 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

__________________________________________

)

B.C., a minor, by and through his )

parent and natural guardian, )

RACHELLE GUCWA, )

) No. 17-1862V

Petitioner, ) Chief Special Master

) Nora Beth Dorsey

v. ) ECF

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

__________________________________________)

RESPONDENT’S PROFFER OF DAMAGES

On June 13, 2018, respondent filed a Rule 4(c) Report conceding petitioner’s entitlement 

to compensation for B.C.’s intussusception allegedly sustained as a result of a rotavirus vaccine 

administered on July 26, 2016. On June 13, 2018, the Chief Special Master issued a Ruling on 

Entitlement finding petitioner entitled to damages in this case. Respondent now proffers that 

B.C. receive compensation for damages as outlined below.

I. Items of Compensation and Form of the Award

Based upon the evidence of record, respondent proffers, and the parties recommend, that 

compensation be made through future annuity payments as described below, and request that the 

Chief Special Master's decision and the Court's judgment award the following:1

 1

 Should B.C. die prior to entry of judgment, the parties reserve the right to move the 

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

medical expenses, future lost earnings, and future pain and suffering.
2

A. Annuity

An amount sufficient to purchase an annuity contract,2 paid to the life insurance 

company3 from which the annuity will be purchased,4 subject to the conditions described below, 

that will provide a certain lump sum payment to B.C. as set forth below:

$87,504.36 payable in a certain lump sum on May 23, 2034.

Should B.C. predecease the certain lump sum payment set forth above, said payment 

shall be made to his estate. Written notice to the Secretary of Health and Human Services and to 

the Life Insurance Company shall be provided within twenty (20) days of B.C.’s death.

This amount represents all elements of compensation to which B.C. would be entitled 

under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

5

 2

 In respondent’s discretion, respondent may purchase one or more annuity contracts 

from one or more life insurance companies.

3 The Life Insurance Company must have a minimum of $250,000,000 capital and 

surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company 

must have one of the following ratings from two of the following rating organizations:

a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;

b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;

c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, 

AA, AA+, or AAA;

d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability 

Rating: AA-, AA, AA+, or AAA. 

4 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this 

case consistent with the Privacy Act and the routine uses described in the National Vaccine 

Injury Compensation Program System of Records, No. 09-15-0056.

5 At the time payment is received, B.C. will be an adult, and thus guardianship is not 

required.
3

II. Summary of Recommended Payments Following Judgment

A. An amount sufficient to purchase the annuity contract described above in section 

I. A.

Petitioner agrees with the proffered award as representing all elements of compensation 

under 42 U.S.C. § 300aa-15(a) to which B.C. is entitled.

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director 

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director 

Torts Branch, Civil Division

GABRIELLE M. FIELDING

Assistant Director

Torts Branch, Civil Division

s/Camille M. Collett

CAMILLE M. COLLETT

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Tel: (202) 616-4098

Dated: November 2, 2018