D.S. v. HHS - Rotavirus, intussusception (2017)

On February 1, 2016, D.S., a minor, by and through his natural guardian Tessa Skrypek, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that D.S. suffered from intussusception as a result of receiving a rotavirus vaccination on June 5, 2013.

The case was assigned to the Special Processing Unit. On December 16, 2016, the respondent filed a Rule 4(c) report and proffer, conceding that D.S. suffered intussusception within the Table definition and met the statutory requirements for entitlement to compensation.

A ruling on entitlement was issued on December 19, 2016, finding the petitioner entitled to compensation. On April 26, 2017, a decision awarding damages was issued based on the respondent's proffer.

The award included compensation through future annuity payments totaling $92,543.29, structured as specific lump sums payable on future dates. The award included a payment of $19,495.61 on February 2, 2034, $21,628.54 on February 2, 2037, $24,145.72 on February 2, 2040, and $27,173.32 on February 2, 2043.

The decision noted that should D.S. predecease any of the certain payments, said payments would be made to his estate. The respondent was represented by Robert P.

Coleman of the U.S. Department of Justice, and the petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP. The decision was issued by Chief Special Master Nora Beth Dorsey.