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 August 12, 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.
Theory of causation
Petitioner L.D., a minor, received a rotavirus vaccine on June 19, 2017. She subsequently suffered from intussusception. The respondent conceded entitlement to compensation, concluding that L.D.'s intussusception met the criteria of the Vaccine Injury Table. The theory of causation is based on the Vaccine Injury Table. No specific medical experts or detailed clinical information regarding the onset, symptoms, tests, or treatment were described in the provided public text. The case resulted in a compensated outcome. A Ruling on Entitlement was issued by Chief Special Master Nora Beth Dorsey on October 19, 2019. A Decision Awarding Damages was issued by Chief Special Master Brian H. Corcoran on August 12, 2020, based on a proffer agreed to by the parties. The award was a lump sum of $46,350.60, consisting of $45,000.00 for pain and suffering and $1,350.60 for unreimbursed expenses. Petitioner was represented by Amy A. Senerth and respondent by Glenn Alexander MacLeod and Christine Mary Becer.
Source PDFs
USCOURTS-cofc-1_18-vv-00524