B.B. v. HHS - Rotavirus, intussusception (2019)
Case summary [AI summaries can sometimes make mistakes]
Brandi and Barry Blessike filed a petition on behalf of their minor daughter, B.B., on June 12, 2018, alleging that B.B. suffered from intussusception as a result of receiving a rotavirus vaccine on July 26, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 29, 2018, conceding that the petitioners' claim met the Vaccine Injury Table criteria for intussusception occurring within one to twenty-one days after a rotavirus vaccination.
The respondent noted that B.B.'s intussusception manifested approximately six days after her vaccination, and there was no preponderant evidence that her condition was due to an unrelated factor. The respondent further stated that B.B.'s condition resulted in inpatient hospitalization and surgical intervention, entitling her to a presumption of causation under the Vaccine Act.
On October 30, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding B.B. entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on February 5, 2019, the respondent filed a proffer on the award of compensation.
On March 13, 2019, Chief Special Master Dorsey issued a decision awarding damages based on this proffer. The award included a lump sum payment of $2,389.62 for past unreimbursable expenses, payable to Brandi and Barry Blessike.
Additionally, an amount sufficient to purchase an annuity contract for pain and suffering was awarded. This annuity contract includes guaranteed lump sum payments totaling $82,906.61, scheduled to be paid on specific dates between May 24, 2035, and May 24, 2057.
The annuity contract is owned by the Secretary of Health and Human Services and provides payments to B.B. Should B.B. predecease any of the scheduled payments, those payments will be made to her estate.
The attorneys for the petitioner were John Robert Howie of Howie Law, PC, and the attorney for the respondent was Meredith Burns Healy of the U.S. Department of Justice.
Theory of causation
Petitioners Brandi and Barry Blessike filed on behalf of minor B.B., alleging intussusception following a rotavirus vaccination on July 26, 2017. The respondent conceded that the claim met the Vaccine Injury Table criteria for intussusception occurring within one to twenty-one days after a rotavirus vaccination, with onset approximately six days after the vaccine. The respondent also conceded that B.B.'s condition resulted in inpatient hospitalization and surgical intervention, entitling her to a presumption of causation under 42 U.S.C. § 300aa-13(a). No specific medical experts or detailed mechanism of causation beyond the Table criteria were described in the public text. The case resulted in a compensated outcome. On October 30, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement. On March 13, 2019, Chief Special Master Dorsey issued a decision awarding damages based on a proffer, consisting of a $2,389.62 lump sum for past unreimbursable expenses and an amount sufficient to purchase an annuity contract for pain and suffering, totaling $82,906.61 in future lump sum payments. Attorneys for petitioner were John Robert Howie and for respondent was Meredith Burns Healy.
Source PDFs
USCOURTS-cofc-1_18-vv-00827