Filed: Jan. 16, 2020
Latest Update: Jan. 16, 2020
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 BRIAN H. CORCORAN , Chief Special Master . On July 31, 2019, Nicole Harder, as parent and legal representative of her minor son, J.A.H., 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 J.A.H. received the rotavirus vaccination on September 19, 2018 and developed intussusception as a result requiring surgical intervention. Petition a
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 BRIAN H. CORCORAN , Chief Special Master . On July 31, 2019, Nicole Harder, as parent and legal representative of her minor son, J.A.H., 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 J.A.H. received the rotavirus vaccination on September 19, 2018 and developed intussusception as a result requiring surgical intervention. Petition at..
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UNPUBLISHED
RULING ON ENTITLEMENT1
BRIAN H. CORCORAN, Chief Special Master.
On July 31, 2019, Nicole Harder, as parent and legal representative of her minor son, J.A.H., 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 J.A.H. received the rotavirus vaccination on September 19, 2018 and developed intussusception as a result requiring surgical intervention. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 3, 2020, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent's Rule 4(c) Report at 1. Specifically, Respondent concluded that J.A.H.'s intussusception manifested between one and twenty-one days after his receipt of the rotavirus vaccine and there is not preponderant evidence that his condition was due to a factor unrelated to the vaccine. Id. at 3. Respondent further agrees that J.A.H.'s intussusception resulted in inpatient hospitalization and surgical intervention. Id.
In view of Respondent's position and the evidence of record, I find that Petitioner is entitled to compensation.
IT IS SO ORDERED.
