E.B. v. HHS - Rotavirus, intussusception (2018)
Case summary [AI summaries can sometimes make mistakes]
Judy and Jones Barton, as parents and natural guardians of their minor child E.B., filed a petition for compensation under the National Vaccine Injury Compensation Program on August 22, 2017. They alleged that E.B. suffered intussusception as a result of a rotavirus vaccination received on June 2, 2017.
The petition stated that E.B.'s intussusception occurred within the time period listed on the Vaccine Injury Table and required hospitalization and surgical intervention. The respondent, the Secretary of Health and Human Services, reviewed the case and conceded that E.B.'s claim met the Table criteria for intussusception following a rotavirus vaccination, occurring within one to twenty-one days after the vaccination.
The respondent also agreed that all statutory and jurisdictional requirements for compensation had been satisfied. On January 12, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding E.B. entitled to compensation.
Subsequently, on May 1, 2018, the respondent filed a proffer on award of compensation, which the petitioners agreed to. The proffer recommended an award of $50,000.00 for past and projected pain and suffering, with projected amounts reduced to net present value, and $3,299.31 for past unreimbursable expenses.
On May 2, 2018, Chief Special Master Dorsey issued a decision awarding the petitioners a total of $53,299.31. This award consisted of a lump sum payment of $50,000.00 for pain and suffering, payable to Judy Barton and Jones Barton as guardians/conservators for E.B.'s benefit, and a lump sum payment of $3,299.31 for past unreimbursable expenses, payable to Judy Barton and Jones Barton.
The public decision does not describe the specific onset symptoms, medical tests, or treatments for E.B.'s condition, nor does it name any specific medical experts. The attorneys for the petitioner were Clifford John Shoemaker, Shoemaker, Gentry & Knickelbein, and for the respondent, Justine Elizabeth Walters from the U.S.
Department of Justice.