Filed: Jan. 06, 2016
Latest Update: Jan. 06, 2016
Summary: RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On October 14, 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" or "Program"), on behalf of his minor child, D.J.D. Petitioner alleges that the diphtheria-tetanus-acellular pertussis (DTaP), rotavirus, and/or pneumococcal vaccination administered on December 30, 2014, caused D.J.D. to develop intussusception requi
Summary: RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On October 14, 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" or "Program"), on behalf of his minor child, D.J.D. Petitioner alleges that the diphtheria-tetanus-acellular pertussis (DTaP), rotavirus, and/or pneumococcal vaccination administered on December 30, 2014, caused D.J.D. to develop intussusception requir..
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RULING ON ENTITLEMENT1
NORA BETH DORSEY, Chief Special Master.
On October 14, 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" or "Program"), on behalf of his minor child, D.J.D. Petitioner alleges that the diphtheria-tetanus-acellular pertussis (DTaP), rotavirus, and/or pneumococcal vaccination administered on December 30, 2014, caused D.J.D. to develop intussusception requiring surgical intervention. See generally Petition. The case was assigned to the Special Processing Unit ("SPU") of the Office of Special Masters.
On January 6, 2016, respondent filed her Rule 4(c) report in which she concedes entitlement to compensation in this case. Respt's Rule 4(c) Rep. at 1, 4. Specifically, respondent stated that the facts of this case support a finding that D.J.D.'s intussusception more likely than not was caused in fact by the administration of the rotavirus vaccine. Id. at 3. Additionally the record reflects that D.J.D. was hospitalized for surgical intervention for the treatment of his intussusception. Id. Thus, petitioner has met the legal requirements under the Vaccine Act for compensation.
In view of respondent's concession and the evidence of record, the undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
