N.A. v. HHS - Rotavirus, intussusception (2020)

On May 30, 2018, Jacie and Mario Albanez, as mother and father and natural guardians of N.A., filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program. The petition sought compensation for injuries allegedly related to N.A.'s receipt of a rotavirus vaccine, which is listed on the Vaccine Injury Table.

N.A. received multiple vaccinations on March 28, 2017, including diphtheria-tetanus-acellular pertussis (DTaP), inactivated polio (IPV), haemophilus influenzae (HIB), hepatitis B, pneumococcal conjugate, and rotavirus vaccines. These vaccinations were administered in the United States.

The petitioners alleged that N.A. sustained an intussusception within the timeframe specified in the Vaccine Injury Table for the rotavirus vaccine. Alternatively, they alleged that the rotavirus vaccination caused N.A.'s intussusception, and that N.A. was hospitalized and underwent surgery as a result of this alleged injury.

The respondent, the Secretary of Health and Human Services, denied that N.A. sustained an intussusception Table injury, denied that any of the administered vaccines caused N.A.'s intussusception or any other injury, and denied that N.A.'s current condition was a sequela of a vaccine-related injury. Despite maintaining their respective positions, the parties reached a stipulation to settle the case.

Special Master Thomas L. Gowen adopted the stipulation as the Court's judgment.

The stipulation awarded compensation for all damages available under the program, specifically an amount not to exceed $35,000.00 to purchase an annuity contract from a life insurance company. The decision noted that pursuant to the E-Government Act of 2002, the opinion would be posted on the Court's website unless a party filed a motion for redaction within 14 days.

The parties also renounced their right to seek review, expediting the entry of judgment. The attorneys involved were Jeffrey S.

Pop for the petitioners and Debra A. Filteau Begley for the respondent.

The decision was signed by Special Master Thomas L. Gowen.