E.K. v. HHS - Rotavirus, intussusception (2018)
Case summary [AI summaries can sometimes make mistakes]
Jeanette Kuhl, on behalf of her minor son E.K., filed a petition for compensation under the National Vaccine Injury Compensation Program on December 29, 2016. She alleged that E.K. suffered from intussusception after receiving a rotavirus vaccine on or about October 28, 2015.
The case was assigned to the Special Processing Unit. On September 19, 2017, the respondent filed a Rule 4(c) report conceding entitlement.
The respondent concluded that E.K.'s intussusception met the criteria of the Vaccine Injury Table, creating a presumption of causation, and that the condition resulted in inpatient hospitalization and surgical intervention. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 19, 2017, finding E.K. entitled to compensation.
Subsequently, on August 3, 2018, the respondent filed a proffer on award of compensation. The parties agreed to an award of $50,000.00, representing compensation for pain and suffering.
Chief Special Master Dorsey issued a decision awarding damages on October 18, 2018, granting a lump sum payment of $50,000.00 to Jeanette Kuhl as guardian/conservator of E.K. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments E.K. received.
Petitioner's counsel was Terry Allen Dawes of McKeen & Associates. Respondent's counsel was Amy Paula Kokot of the U.S.
Department of Justice.
Theory of causation
Petitioner Jeanette Kuhl alleged that E.K. suffered intussusception after receiving a rotavirus vaccine on or about October 28, 2015. The respondent conceded entitlement, stating that E.K.'s intussusception met the criteria of the Vaccine Injury Table (42 C.F.R. § 100.3(a)(XI)) and resulted in inpatient hospitalization and surgical intervention, thus establishing a presumption of causation. The public decision does not name specific medical experts or detail the mechanism of injury. The award was a $50,000.00 lump sum for pain and suffering, agreed upon by the parties. The ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on September 19, 2017, and the decision awarding damages was issued by Chief Special Master Dorsey on October 18, 2018. Petitioner's counsel was Terry Allen Dawes, and respondent's counsel was Amy Paula Kokot.
Source PDFs
USCOURTS-cofc-1_16-vv-01716