R.F. v. HHS - Rotavirus, intussusception (2018)
Case summary [AI summaries can sometimes make mistakes]
On March 31, 2016, Christina Majesty and Seth Fruge, as legal representatives of a minor child identified as R.F., filed a petition under the National Vaccine Injury Compensation Program. They alleged that R.F. suffered from intussusception as a result of receiving a rotavirus vaccine.
The petition stated that there had been no prior award or settlement of a civil action for damages related to R.F.'s injury. The respondent, the Secretary of Health and Human Services, denied that the rotavirus vaccine caused R.F.'s intussusception or any other injury or condition.
Despite the respondent's denial, the parties filed a joint stipulation for compensation on June 7, 2018. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the court.
The decision awarded compensation in two parts: a lump sum payment of $2,131.08 to satisfy a State of Louisiana Medicaid lien, payable jointly to the petitioners and The Rawlings Company LLC. Additionally, a lump sum of $27,868.92 was awarded, payable to the petitioners as guardians/conservators of R.F.'s estate, representing compensation for all remaining damages.
The total compensation awarded was $30,000. The decision was issued on September 19, 2018.
The public decision does not describe the specific date of vaccination, the onset of symptoms, specific medical tests performed, treatments received, or the names of any medical experts. The specific mechanism of causation was not detailed in the public decision.
Theory of causation
Petitioners alleged that minor child R.F. suffered from intussusception as a result of receiving a rotavirus vaccine. Respondent denied causation. The parties filed a joint stipulation for compensation, and the Special Master adopted the stipulation as the decision of the court. The award included $2,131.08 to satisfy a Medicaid lien and $27,868.92 for all remaining damages, totaling $30,000. The public decision does not specify the vaccination date, age at vaccination, onset of symptoms, medical tests, treatments, expert testimony, or a detailed mechanism of causation. The case was resolved via stipulation, not through litigation of the causation theory. Attorneys for the petitioner were Christina Majesty and Seth Fruge, and for the respondent was Adriana Ruth Teitel. The decision was issued by Chief Special Master Nora Beth Dorsey on September 19, 2018.
Source PDFs
USCOURTS-cofc-1_16-vv-00410