E.D. v. HHS - Rotavirus, intussusception (2017)
Case summary [AI summaries can sometimes make mistakes]
On September 20, 2016, E.D., a minor, by and through his parent and natural guardian Chelsie Mann, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that a rotavirus vaccination administered on February 18, 2016, caused E.D. to suffer from intussusception.
The case was assigned to the Special Processing Unit. On November 17, 2016, the respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement.
The respondent concluded that E.D. suffered the Table injury of intussusception following the rotavirus vaccine within the Table time period, and there was no preponderance of medical evidence indicating an unrelated cause. The respondent also agreed that the injury met the statutory severity requirements due to inpatient hospitalization and surgical intervention.
Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 18, 2016, finding E.D. entitled to compensation. Subsequently, on November 20, 2017, the respondent filed a proffer on the award of compensation, which the petitioner agreed to.
On November 20, 2017, Chief Special Master Dorsey issued a decision awarding damages. The award consisted of a lump sum of $100,000.00, payable to petitioner as guardian/conservator of E.D.'s estate, representing compensation for all elements of compensation.
Additionally, a lump sum payment of $9,487.84 was awarded to satisfy a State of Indiana Medicaid lien, payable jointly to petitioner and MDwise Inc. Petitioner's counsel was Paul R.
Brazil of Muller Brazil, LLP. Respondent's counsel was Voris Edward Johnson of the U.S.
Department of Justice.