Latoya Christie v. HHS - Rotavirus, intussusception (2019)
Case summary [AI summaries can sometimes make mistakes]
On October 16, 2017, Latoya Christie filed a petition under the National Vaccine Injury Compensation Program on behalf of her minor child, P.A. Ms.
Christie alleged that P.A. suffered from intussusception after receiving a rotavirus vaccine on February 28, 2017. The case was assigned to the Special Processing Unit.
On June 18, 2018, the respondent filed a Rule 4(c) report conceding entitlement to compensation. The respondent agreed that P.A.'s intussusception met the Table criteria for a rotavirus vaccine injury, that the petition was timely filed, and that the vaccine was administered in the United States.
Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 21, 2018, finding P.A. entitled to compensation. The public entitlement and damages documents do not provide a detailed clinical course for P.A., including symptom onset, hospital treatment, imaging, surgery, or recovery.
The case was resolved through the respondent's concession and a damages proffer rather than through litigated medical opinions. On February 1, 2019, the respondent filed a damages proffer, which the petitioner agreed with.
Chief Special Master Dorsey issued a decision awarding damages on February 4, 2019. The award included a lump sum of $4,879.52, payable jointly to the petitioner and the New York State Department of Health to satisfy a Medicaid lien.
Additionally, an amount sufficient to purchase an annuity was awarded. This annuity will pay P.A. $22,893.46 per year for four years, beginning October 23, 2034.
The proffer indicated that P.A. would be an adult when the annuity payments begin, thus not requiring guardianship. Petitioner Latoya Christie was represented by Howard Scott Gold of Gold Law Firm, LLC.
Respondent was represented by Darryl R. Wishard.
Theory of causation
Minor P.A. received a rotavirus vaccine on February 28, 2017, and subsequently suffered from intussusception. The respondent conceded entitlement on June 18, 2018, agreeing that P.A.'s condition met the Table criteria for intussusception following a rotavirus vaccine, that the petition was timely filed, and that the vaccine was administered in the United States. The public documents do not detail P.A.'s clinical course, symptom onset, treatment, imaging, surgery, or recovery, nor do they present a litigated medical opinion or alternative cause analysis. Chief Special Master Nora Beth Dorsey ruled on entitlement on June 21, 2018, and awarded damages on February 4, 2019, based on the respondent's February 1, 2019 proffer. The award consisted of a $4,879.52 lump sum to satisfy the New York State Medicaid lien, payable jointly to the petitioner and the New York State Department of Health, and an amount to purchase an annuity paying $22,893.46 annually for four years, commencing October 23, 2034, totaling $96,453.36 in future payments. Petitioner's counsel was Howard Scott Gold of Gold Law Firm, LLC; respondent's counsel was Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_17-vv-01532