Michal Behar v. HHS - Rotavirus, intussusception (2019)

Michal Behar, as parent and guardian ad litem for her minor child RJB, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 22, 2018. Petitioner alleged that RJB suffered an intussusception four days after receiving a rotavirus vaccination on May 20, 2015.

The respondent conceded entitlement to compensation in a Rule 4(c) Report filed on June 18, 2019. Based on this report, Chief Special Master Dorsey issued a ruling on entitlement on June 20, 2019, finding RJB entitled to compensation.

Subsequently, on October 25, 2019, the respondent filed a Proffer on Award of Damages. The respondent proffered an award of $50,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a), to be paid as a lump sum in the form of a check made payable to Michal Behar as the guardian/conservator of RJB's estate, for the benefit of RJB.

Petitioner agreed with this proffered award. Chief Special Master Brian H.

Corcoran issued a decision on October 28, 2019, awarding RJB a lump sum payment of $50,000.00. Payment was contingent upon documentation of Michal Behar's appointment as guardian/conservator of RJB's estate.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. The attorneys involved were William I.

Goldsmith for the petitioner and Jennifer Leigh Reynaud for the respondent.