L.D. v. HHS - Rotavirus, intussusception (2020)
Case summary [AI summaries can sometimes make mistakes]
L.D., a minor, by and through her parent and natural guardian Veronica DeFeo, filed a petition for compensation under the National Vaccine Injury Compensation Program on April 10, 2018. The petition alleged that L.D. suffered an intussusception injury as a result of receiving a rotavirus vaccine on June 19, 2017.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 11, 2018, conceding that L.D. is entitled to compensation. The respondent concluded that L.D.'s intussusception met the criteria of the Vaccine Injury Table and that all legal prerequisites for compensation were satisfied.
On October 19, 2019, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement, finding L.D. entitled to compensation. Subsequently, on June 24, 2020, the respondent filed a proffer on the award of compensation.
The parties agreed to an award of $46,350.60, comprising $45,000.00 for pain and suffering and $1,350.60 for unreimbursed expenses. This amount represents compensation for all damages available under the Vaccine Act.
On July 7, 2020, Chief Special Master Brian H. Corcoran issued a Decision Awarding Damages, awarding the agreed-upon sum.
Judgment was entered accordingly. Petitioner was represented by Amy A.
Senerth of Muller Brazil, LLP, and respondent was represented by Glenn Alexander MacLeod and later Christine Mary Becer of the U.S. Department of Justice.