Justin Diaz, On Behalf Of D.J. D. v. HHS - Rotavirus, intussusception (2016)
Case summary [AI summaries can sometimes make mistakes]
Justin Diaz, on behalf of his minor child D.J.D., filed a petition for compensation under the National Vaccine Injury Compensation Program on October 14, 2015. The petition alleged that the DTaP, rotavirus, and/or pneumococcal vaccination administered on December 30, 2014, caused D.J.D. to develop intussusception requiring surgical intervention.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 6, 2016, conceding entitlement to compensation. The respondent stated that the facts of the case supported a finding that D.J.D.'s intussusception was more likely than not caused by the rotavirus vaccine.
The record also indicated that D.J.D. was hospitalized for surgical treatment. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 3, 2016, finding D.J.D. entitled to compensation based on the respondent's concession and the evidence of record.
Subsequently, on August 29, 2016, the respondent filed a proffer on award of compensation. The proffer indicated that the petitioner, as guardian/conservator of the estate of D.J.D., should be awarded $100,000.00, and the petitioner agreed with this amount.
Chief Special Master Dorsey issued a decision awarding damages on November 2, 2016, granting a lump sum payment of $100,000.00, payable to Justin Diaz as guardian/conservator of the estate of D.J.D. This amount was intended to compensate for all damages available under the Vaccine Act.
Petitioner counsel was Diana Sedar of Maglio Christopher and Toale, PA, and respondent counsel was Ryan Pyles of the U.S. Department of Justice.
Theory of causation
Petitioner Justin Diaz, on behalf of minor D.J.D., alleged that the DTaP, rotavirus, and/or pneumococcal vaccination administered on December 30, 2014, caused D.J.D. to develop intussusception requiring surgical intervention. The respondent conceded entitlement, stating that D.J.D.'s intussusception was more likely than not caused by the rotavirus vaccine. The public decision does not describe the specific medical experts consulted, the onset of symptoms, diagnostic tests performed, or the specific mechanism of injury. The case was assigned to the Special Processing Unit. Chief Special Master Nora Beth Dorsey ruled on entitlement on May 3, 2016, finding entitlement based on the respondent's concession. A subsequent decision on November 2, 2016, awarded a lump sum of $100,000.00 to petitioner as guardian/conservator of D.J.D.'s estate, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). Petitioner counsel was Diana Sedar, and respondent counsel was Ryan Pyles.
Source PDFs
USCOURTS-cofc-1_15-vv-01196