April Noon v. HHS - Rotavirus, intussusception requiring surgical intervention (2014)

On December 30, 2013, April Noon, as the mother and natural guardian of E.J.N., an infant, filed a petition under the National Childhood Vaccine Injury Act. The petition alleged that E.J.N. suffered intussusception requiring surgical intervention as a result of receiving the RotaTeq vaccine on October 2, 2012.

The respondent, the Secretary of Health and Human Services, filed a Vaccine Rule 4(c) Report on March 25, 2014, conceding that E.J.N. suffered from intussusception requiring surgical intervention after receiving the RotaTeq vaccine and recommending compensation. Respondent subsequently filed a proffer on April 1, 2014, stating that no future medical expenses, lost future earnings, past unreimbursable expenses, or Medicaid lien were being claimed.

Special Master Laura D. Millman issued a decision on April 1, 2014, awarding E.J.N. a lump sum of $35,000.00 for actual and projected pain and suffering.

This award was to be paid to April Noon as guardian or conservator of E.J.N.'s estate. Petitioner was represented by Larry Rosenfeld of Babylon, New York, and respondent was represented by Claudia B.

Gangi of Washington, DC. A subsequent decision on October 29, 2014, addressed attorneys' fees and costs.

Following a stipulation of fact filed by the parties, Special Master Millman awarded $12,565.00 for attorneys' fees and costs. This amount was to be paid by check jointly to April Noon and Seidner, Rosenfeld & Guttentag, L.L.P.