Rachelle Gucwa v. HHS - Rotavirus, intussusception (2018)

On December 1, 2017, Rachelle Gucwa filed a petition as the parent and natural guardian of her minor son, B.C., alleging that B.C. suffered intussusception after receiving a rotavirus vaccine on July 26, 2016. The respondent filed a Rule 4(c) report on June 13, 2018, conceding entitlement to compensation.

The respondent concluded that B.C. developed intussusception approximately five days after the rotavirus vaccination, that this timing qualified as a Table injury, that no other causes had been identified, and that the injury met the statutory requirements by resulting in inpatient hospitalization and surgical intervention. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 13, 2018, finding B.C. entitled to compensation.

On November 2, 2018, the respondent filed a proffer on the award of compensation. The Chief Special Master issued a decision on November 5, 2018, awarding damages based on this proffer.

The award directed an amount sufficient to purchase an annuity contract that will provide a certain lump-sum payment of $87,504.36 to B.C. on May 23, 2034, or to his estate if he dies before that date. The public decision does not state the annuity purchase price.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Camille Michelle Collett of the U.S.

Department of Justice. The public decision does not describe the specific onset symptoms, diagnostic tests, or treatments for B.C.'s condition.