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 August 6, 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.