B.B. v. HHS - Rotavirus, intussusception (2014)

Grace and Damian Bodden, as legal representatives of their minor son B.B., filed a petition on January 10, 2014, alleging that B.B. received the RotaTeq rotavirus vaccine on April 9, 2012, and subsequently suffered from intussusception requiring surgical intervention on April 11, 2012, which was caused-in-fact by the vaccine. The respondent, represented by Lindsay Corliss of the U.S.

Department of Justice, filed a report conceding entitlement, agreeing that B.B.'s intussusception was caused by the vaccine and that the child required hospitalization and surgery. Special Master Thomas L.

Gowen issued a Ruling on Entitlement on March 10, 2014, finding that B.B. was entitled to compensation based on an injury caused-in-fact by a covered vaccine. Subsequently, on April 24, 2014, the respondent filed a proffer on award of compensation, indicating that the petitioners, represented by Carlos Allenby Bodden of Ellis, Ged & Bodden, agreed to the compensation amount.

Special Master Gowen issued a Decision Awarding Damages on May 16, 2014. The award included a lump sum of $40,000.00 payable to Grace Bodden and Damian Bodden as guardians/conservators of B.B.'s estate for pain and suffering, and a lump sum of $1,189.06 payable to them for past unreimbursable medical expenses.

These amounts totaled $41,189.06. The decision noted that no payments would be made until petitioners provided documentation of their appointment as guardians/conservators.

On May 7, 2014, the parties filed a stipulation for attorney fees and costs. Special Master Gowen issued a Decision on Attorney Fees and Costs on June 3, 2014, awarding $16,460.00 jointly to petitioners Grace Bodden and Damian Bodden and their counsel, Carlos A.

Bodden, Esq., for attorney fees and costs. The public decision does not describe the specific onset of symptoms, medical tests performed, or the mechanism of injury beyond the general theory of causation.