In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS
************************* JACLYN GODOY, * as parent and natural guardian of infant, * L.G. * No. 20-1292V * Petitioner, * * Special Master Christian J. Moran v. * * Filed: January 22, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * *************************
Malvina Palloj, Brewer Attorneys & Counselors, for Petitioner; Jamica Littles, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION 1
On January 19, 2024, the parties filed a joint stipulation concerning the petition for compensation filed by Jaclyn Godoy, on behalf of L.G., on September 30, 2020, which was subsequently amended on October 2, 2020. Petitioner alleges that the Rotavirus vaccination caused L.G. to suffer from intussusception, Sandifer Syndrome, gastroesophageal reflux disease, esophagitis, and constipation. Petitioner further alleges that L.G.’s symptoms persisted for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of L.G.’s alleged injuries.
Respondent denies that the vaccine caused L.G. to suffer from intussusception, Sandifer Syndrome, gastroesophageal reflux disease, esophagitis, and constipation.
1 Because this decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $5,000.00 in the form of a check payable to petitioner, as guardian/conservator of L.G.’s estate. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation. 2
IT IS SO ORDERED.
s/Christian J. Moran Christian J. Moran Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.
2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
) JACLYN GODOY, as Parent and ) Natural Guardian of infant, L.G., ) ) Petitioner, ) ) V. ) No. 20-1292V ) Special Master Moran SECRETARY OF ) ECF HEALTH AND HUMAN SERVICES, ) ) Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Jaclyn Godoy("Petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to L.G.'s receipt of the
rotavirus vaccination, which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § 100.3 (a).
2. L.G. received a rotavirus vaccine on November I 3, 2018.
3. The vaccine was administered within the United States.
4. Petitioner alleges that L.G. sustained, suffered Table injuries or, in the alternative,
off Table injuries, including intussusception, Sandifer Syndrome, gastroesophageal reflux
disease, esophagitis, and constipation, as a result of a rotavirus vaccine received on November
13, 2018. Petitioner further alleges that L.G. experienced the residual effects of this condition
for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of L.G.'s condition.
6. Respondent denies that the rotavirus vaccine caused L.G. 's alleged intussusception,
Sandifer Syndrome, gastroesophageal reflux disease, esophagitis, constipation, or any other
injury; and ctenies that L.G.'s current condition is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofjudgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment: A lump sum of $5,000.00, in the form of a check
payable to petitioner, as guardian/conservator of L.G. 's estate. This amount represents
compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U .S.C. § 300aa-21 (a)(l ), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
I 0. Petitioner and petitioner's attorney represent that compensation to be provided
pursuant to this Stipulation is not for any items or services for which the Program is not
primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can
2 reasonably be expected to be made under any State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U .S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l 5(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs and past unreimbursable expenses, the money provided
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS
************************* JACLYN GODOY, * as parent and natural guardian of infant, * L.G. * No. 20-1292V * Petitioner, * * Special Master Christian J. Moran v. * * Filed: January 22, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * *************************
Malvina Palloj, Brewer Attorneys & Counselors, for Petitioner; Jamica Littles, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION 1
On January 19, 2024, the parties filed a joint stipulation concerning the petition for compensation filed by Jaclyn Godoy, on behalf of L.G., on September 30, 2020, which was subsequently amended on October 2, 2020. Petitioner alleges that the Rotavirus vaccination caused L.G. to suffer from intussusception, Sandifer Syndrome, gastroesophageal reflux disease, esophagitis, and constipation. Petitioner further alleges that L.G.’s symptoms persisted for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of L.G.’s alleged injuries.
Respondent denies that the vaccine caused L.G. to suffer from intussusception, Sandifer Syndrome, gastroesophageal reflux disease, esophagitis, and constipation.
1 Because this decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $5,000.00 in the form of a check payable to petitioner, as guardian/conservator of L.G.’s estate. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation. 2
IT IS SO ORDERED.
s/Christian J. Moran Christian J. Moran Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.
2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
) JACLYN GODOY, as Parent and ) Natural Guardian of infant, L.G., ) ) Petitioner, ) ) V. ) No. 20-1292V ) Special Master Moran SECRETARY OF ) ECF HEALTH AND HUMAN SERVICES, ) ) Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Jaclyn Godoy("Petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to L.G.'s receipt of the
rotavirus vaccination, which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § 100.3 (a).
2. L.G. received a rotavirus vaccine on November I 3, 2018.
3. The vaccine was administered within the United States.
4. Petitioner alleges that L.G. sustained, suffered Table injuries or, in the alternative,
off Table injuries, including intussusception, Sandifer Syndrome, gastroesophageal reflux
disease, esophagitis, and constipation, as a result of a rotavirus vaccine received on November
13, 2018. Petitioner further alleges that L.G. experienced the residual effects of this condition
for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of L.G.'s condition.
6. Respondent denies that the rotavirus vaccine caused L.G. 's alleged intussusception,
Sandifer Syndrome, gastroesophageal reflux disease, esophagitis, constipation, or any other
injury; and ctenies that L.G.'s current condition is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofjudgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment: A lump sum of $5,000.00, in the form of a check
payable to petitioner, as guardian/conservator of L.G. 's estate. This amount represents
compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U .S.C. § 300aa-21 (a)(l ), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
I 0. Petitioner and petitioner's attorney represent that compensation to be provided
pursuant to this Stipulation is not for any items or services for which the Program is not
primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can
2 reasonably be expected to be made under any State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U .S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l 5(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of L.G. as contemplated by a strict
construction of 42 U.S.C. §§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. §§
300aa-15(g) and (h).
13. Petitioner represents that she presently is, or within 90 days of the date of judgment
will become, duly authorized to serve as guardian/conservator of L.G. 's estate under the laws of
the State of New York.
14. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of L.G. resulting
3 from, or alleged to have resulted from, the rotavirus vaccination administered on or about
November 13, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or
about September 30, 2020 in the United States Court of Federal Claims as petition No. 20-
1292V.
15. If L.G. should die pri.or to entry of judgment, this agreement shall be voidable upon
proper notice to the Court on behalf of either or both of the parties.
16. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
17. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
18. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the rotavirus vaccine caused L.G.'s alleged
intussusception, Sandifer Syndrome, gastroesophageal reflux disease, esophagitis, constipation,
or any other injury or L.G.'s current condition, or that L.G. suffered an injury contained in the
Vaccine Injury Table.
4 19. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
s Respectfully submitted,
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL:
-~HEAllIER L. PEARLMAN \4.-P.u,..L,W1- - Deputy Director Torts Branch Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES:
~~~~ George R. Digitally signed by George R. Grimes-SI ◄ Grimes-SI ◄ Date: 2023.04.28 16:25:51 -04'00'
CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station And Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08Nl46B (202) 305-4014 Rockville, MD 20857 jamica.m.littles@usdoj.gov
\ f-"-l Dated: _...,, q lf'-'=- i ___,_ q _ I '