VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00025
Package ID: USCOURTS-cofc-1_14-vv-00025
Petitioner: B.B.
Filed: 2014-03-10
Decided: 2014-06-03
Vaccine: rotavirus
Vaccination date: 2012-04-09
Condition: intussusception
Outcome: compensated
Award amount USD: 41189

AI-assisted case summary:
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.

Theory of causation field:
Petitioners Grace and Damian Bodden, on behalf of minor B.B., alleged that the RotaTeq rotavirus vaccine administered on April 9, 2012, caused B.B. to suffer from intussusception requiring surgical intervention on April 11, 2012. The respondent conceded entitlement, agreeing that the intussusception was caused-in-fact by the vaccine and that B.B. required hospitalization and surgery. The theory of causation was "Off-Table." Special Master Thomas L. Gowen ruled on entitlement on March 10, 2014, based on the respondent's concession. A damages award was issued on May 16, 2014, based on a stipulation and proffer. The award included $40,000.00 for pain and suffering and $1,189.06 for past unreimbursable medical expenses, totaling $41,189.06. Attorney fees and costs of $16,460.00 were awarded jointly to petitioners and their counsel, Carlos A. Bodden, Esq., on June 3, 2014. The public text does not name specific medical experts or detail the mechanism of injury beyond the concession of causation-in-fact.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00025-0
Date issued/filed: 2014-04-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/10/2014) regarding 11 Ruling on Entitlement (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00025-UNJ Document 18 Filed 04/01/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 14-25V
Filed: March 10, 2014
Not for publication
* * * * * * * * * * * * * * * * * * * * * * * * *
GRACE BODDEN and *
DAMIAN BODDEN *
Legal representatives of a minor *
Child, B.B., * Conceded; rotavirus; intussusception
*
Petitioners, *
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Carlos Allenby Bodden, Esq., Ellis, Ged & Bodden, Boca Raton, FL for petitioners.
Lindsay Corliss, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Gowen, Special Master:
On January 10, 2014, Grace Bodden and Damian Bodden, legal representatives
of a minor child, B.B., [“petitioners”] 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. The petition alleges that B.B. received the Rotateq rotavirus
vaccination on April 9, 2012, and thereafter suffered an ileocolic intussusception on
April 11, 2011, which was caused-in-fact by the above-stated vaccination. Petition at 1.
On March 6, 2014, respondent filed her Rule 4(c) report [“Respondent’s Report”],
in which she concedes that petitioner is entitled to compensation in this case.
Respondent’s Report at 1. Specifically, respondent submits that, “DVIC agrees with
petitioners’ claim that [B.B.’s] intussusception was caused-in-fact by the Rotateq
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post this ruling on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2006).

Case 1:14-vv-00025-UNJ Document 18 Filed 04/01/14 Page 2 of 2
vaccine that he received on April 9, 2012. Id. at 3.; See §13(a)(1). Respondent also
agrees the evidence demonstrates that petitioners met the statutory requirement
because B.B. required hospitalization and surgery for his injury. Respondent’s Report
at 3-4; See §11(c)(1)(D)(iii).
In view of respondent’s concession and the evidence before me, I find
entitlement to compensation based on an injury that was caused-in-fact by a covered
vaccine. 42 C.F.R. § 100.3(a)(XI). A separate damages order will issue.
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00025-1
Date issued/filed: 2014-05-16
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 4/25/2014) regarding 21 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00025-UNJ Document 24 Filed 05/16/14 Page 1 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 14-25V
Filed: April 25, 2014
Not for publication
* * * * * * * * * * * * * * * * * * * * * * * * *
GRACE BODDEN and *
DAMIAN BODDEN *
Legal representatives of a minor *
Child, B.B., * Damages; Decision Based on Proffer;
* Rotavirus; Intussusception
Petitioners, *
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Carlos Allenby Bodden, Esq., Ellis, Ged & Bodden, Boca Raton, FL for petitioners.
Lindsay Corliss, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Gowen, Special Master:
On January 10, 2014, Grace Bodden and Damian Bodden [“petitioners”] 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”] as legal representatives of
a minor child, B.B., alleging that B.B. suffered from intussusception requiring surgical
intervention, which was caused-in-fact by the rotavirus vaccine B.B. received on April 9,
2012. Petition at 1. On April 24, 2014, respondent filed a proffer on award of
compensation, which indicated that petitioners agreed to the compensation amount.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2006).

Case 1:14-vv-00025-UNJ Document 24 Filed 05/16/14 Page 2 of 6
Pursuant to the terms stated in the attached Proffer, I award petitioners:
1. A lump sum payment of $40,000.00 in the form of a check payable to
petitioners, Grace Bodden and Damian Bodden as
guardians/conservators of B.B.’s estate, representing compensation for
actual pain and suffering. No payments shall be made to petitioners until
petitioners provide respondent with current documentation establishing that
they have been appointed guardians/conservators of B.B.’s estate.
2. A lump sum payment of $1,189.06 in the form of a check payable to
petitioners, Grace Bodden and Damian Bodden, representing
compensation for past unreimbursable medical expenses.
These amount represents compensation for all damages that would be available
under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

Case 1:14-vv-00025-UNJ Document 24 Filed 05/16/14 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
GRACE and DAMIAN BODDEN, as )
legal representatives of a minor child, )
B.B., )
)
Petitioners, ) No. 14-25V ECF
)
v. ) Special Master Gowen
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 10, 2013, petitioners, on behalf of their son, Brandon Bodden (“B.B.”), filed a
petition for compensation under the National Childhood Vaccine Injury Act of 1986 (the
“Vaccine Act”), as amended. 42 U.S.C. §§ 300aa-1 et seq. Petitioners allege that, after B.B.
received the RotaTeq rotavirus vaccine on April 9, 2012, he suffered from intussusception,
requiring a surgical intervention. Petitioners allege a theory based on causation-in-fact. The
Secretary of Health and Human Services (“respondent”) filed a Vaccine Rule 4(c) Report,
conceding that B.B. suffered from intussusception requiring surgical intervention after receipt of
the rotavirus vaccine, and recommending that petitioners be awarded compensation. Respondent
hereby submits the following proffer regarding the award of compensation. This proffer does
not address final attorneys’ fees and litigation costs. Petitioners are additionally entitled to
reasonable attorneys’ fees and litigation costs, to be determined at a later date upon petitioners
submitting substantiating documentation.

Case 1:14-vv-00025-UNJ Document 24 Filed 05/16/14 Page 4 of 6
I. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, petitioners are not entitled to
an award for projected unreimbusable medical care expenses for B.B. incurred from the date of
judgment as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(A). Petitioners agree.
B. Lost Future Earnings
Respondent proffers that based upon the evidence of record, B.B. has not, and he is not
likely to suffer a loss of earnings as a result of his vaccine injury. Accordingly, petitioners
should not be awarded lost future earnings as provided under the Vaccine Act, 42 U.S.C.
§ 300aa-15(a)(3)(A). Petitioners agree.
C. Pain and Suffering
Respondent proffers that petitioners should be awarded a lump sum of $40,000.00 for
B.B.’s actual pain and suffering as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(4).
Petitioners agree.
D. Past Unreimburseable Expenses
Evidence supplied by petitioners documents their expenditure of past unreimbursable
expenses related to B.B.’s vaccine-related injury. Respondent proffers that petitioners should be
awarded past unreimbursable expenses in the amount of $1,189.06. Petitioners agree.
E. Medicaid Lien
Petitioners represent that there are no outstanding Medicaid liens related to B.B.’s
vaccine-related injury.
2

Case 1:14-vv-00025-UNJ Document 24 Filed 05/16/14 Page 5 of 6
II. Form of the Award
The parties recommend that the compensation provided to petitioners, to be received on
behalf of B.B., should be made through a combination of lump sum payments as described
below, and request that the special master’s decision and the Court’s judgment award the
following:
A. A lump sum payment of $40,000.00, representing compensation for past actual pain
and suffering, in the form of a check payable to petitioners as guardians/conservators of B.B.’s
estate. No payments shall be made to petitioners until petitioners provide respondent with
current documentation establishing that they have been appointed guardians/conservators of
B.B.’s estate. If petitioners are not authorized by a court of competent jurisdiction to serve as
guardians/conservators of the estate of B.B., any such payment shall be made to the party or
parties appointed by a court of competent jurisdiction to serve as guardian(s)/conservator(s) of
the estate B.B. upon submission of written documentation of such appointment to the Secretary.
B. A lump sum payment of $1,189.06, representing compensation for past
unreimbursable medical expenses, payable to petitioners.
III. Summary of Recommended Payment Following Judgment
A. Lump sum paid to petitioners as guardians/conservators of B.B.’s
estate, representing compensation for actual pain and suffering: $ 40,000.00
B. Lump sum paid to petitioners, representing compensation for past
unreimbursable medical expenses: $ 1,189.06
3

Case 1:14-vv-00025-UNJ Document 24 Filed 05/16/14 Page 6 of 6
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, JR.
Assistant Director
Torts Branch, Civil Division
/s/ Lindsay Corliss
LINDSAY CORLISS
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-9197
Dated: April 24, 2014 Fax: (202) 616-4310
4

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_14-vv-00025-2
Date issued/filed: 2014-06-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/09/2014) regarding 23 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00025-UNJ Document 26 Filed 06/03/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 14-25V
Filed: May 9, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
GRACE BODDEN and *
DAMIAN BODDEN *
Legal representatives of a minor *
Child, B.B., * Stipulation; Attorney Fees and Costs
*
Petitioners, *
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Carlos Allenby Bodden, Esq., Ellis, Ged & Bodden, Boca Raton, FL for petitioner.
Lindsay Corliss, Esq., U.S. Dept. of Justice, Washington, D.C. for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a Ruling on Entitlement on March 10, 2014, and a Decision awarding damages
pursuant to respondent’s proffer on April 25, 2014. On May 7, 2014, the parties filed a
stipulation for attorney fees and costs. The stipulation indicates that respondent does
not object to the amended amount of $16,460.00 that petitioners are requesting.
Additionally, pursuant to General Order #9, the stipulation notes that petitioners incurred
no personal litigation costs.
I find that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:14-vv-00025-UNJ Document 26 Filed 06/03/14 Page 2 of 2
reasonable and appropriate. Accordingly, I hereby award the total $16,460.003 in
the form of a check payable jointly to petitioners and petitioners’ counsel of
record, Carlos A. Bodden, Esq., for petitioners’ attorney fees and costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).