J.P. v. HHS - Rotavirus, intussusception requiring surgical intervention (2015)

On May 11, 2015, James and Joy Perales filed a petition on behalf of their minor child, J.P., alleging that a rotavirus vaccination administered on May 12, 2014, caused J.P. to suffer from intussusception requiring surgical intervention. The case was assigned to the Special Processing Unit.

The respondent filed a report conceding that J.P.'s intussusception was caused by the rotavirus vaccine. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on July 13, 2015, finding J.P. entitled to compensation.

Subsequently, the parties submitted a proffer for compensation. Chief Special Master Nora Beth Dorsey issued a decision on November 16, 2015, awarding J.P. $2,163.32 for past unreimbursable expenses.

The decision also awarded an amount sufficient to purchase an annuity contract for future compensation, including pain and suffering. The annuity was structured to provide annual payments of $6,941.67 for ten years certain, beginning March 12, 2032.

The parties agreed that J.P. would not require future medical care or suffer lost earnings capacity, and that future pain and suffering were unlikely. Petitioners were represented by John Howie, Jr. of Howie Law, P.C., and the respondent was represented by Lisa Watts of the U.S.

Department of Justice. On November 5, 2015, the parties filed a stipulation for attorneys' fees and costs.

Chief Special Master Nora Beth Dorsey issued a decision on December 28, 2015, awarding $9,654.98 in attorneys' fees and costs, jointly payable to the petitioners and their counsel, John R. Howie, Jr.

The case was resolved through stipulations and proffers.