Nicole Harder v. HHS - Rotavirus, intussusception (2020)

Nicole Harder, as the parent and legal representative of her minor son, J.A.H., filed a petition for compensation under the National Vaccine Injury Compensation Program on July 31, 2019. J.A.H. received the rotavirus vaccination on September 19, 2018.

Petitioner alleged that J.A.H. developed intussusception as a result of this vaccination, requiring surgical intervention. The respondent filed a Rule 4(c) report on January 3, 2020, conceding that J.A.H. is entitled to compensation.

The respondent concluded that J.A.H.'s intussusception manifested between one and twenty-one days after the vaccination and that there was no preponderant evidence of an unrelated cause. The respondent also agreed that the condition resulted in inpatient hospitalization and surgical intervention.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 19, 2020, finding J.A.H. entitled to compensation.

Subsequently, on March 9, 2020, the respondent filed a proffer on award of compensation. The parties agreed to a proffer of award, which included $4,087.04 for past unreimbursable expenses and an amount sufficient to purchase an annuity contract for future compensation.

The annuity contract was to provide specific lump sum payments on May 14, 2039, May 14, 2042, and May 14, 2045. Chief Special Master Corcoran issued a Decision Awarding Damages on April 14, 2020, awarding these amounts and directing judgment in accordance with the decision and proffer.

Petitioner was represented by Glen Sturtevant, Jr. of Rawls Law Group, and respondent was represented by Mark Hellie of the U.S. Department of Justice.