Divya Poduri v. HHS - Rotavirus, intussusception (2021)

On March 6, 2020, Divya Poduri, as the natural parent and guardian of her minor son Y.T., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that Y.T. suffered intussusception after receiving a rotavirus vaccine on November 21, 2017, at four months old.

The case was assigned to the Special Processing Unit. Respondent conceded entitlement on August 7, 2020, agreeing that Y.T.'s condition met the criteria of the Vaccine Injury Table and its Qualifications and Aids to Interpretation, as the onset of intussusception occurred between one and twenty-one days after the rotavirus vaccination and no alternative cause was apparent.

Chief Special Master Brian H. Corcoran issued a ruling on entitlement on August 11, 2020.

A damages decision was issued on June 8, 2021, based on a proffer. The award included a lump sum of $3,015.00 payable to Divya Poduri for past unreimbursable expenses.

Additionally, an annuity was awarded for pain and suffering, which will provide a lump sum payment of $191,055.54 to Y.T. on July 14, 2038, with the payment to be made to his estate if he dies before that date. The public decision does not state the annuity purchase price.

Petitioner's counsel was Bridget Candace McCullough of Muller Brazil, LLP, and respondent's counsel was Sarah Black Rifkin of the U.S. Department of Justice.