VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00258
Package ID: USCOURTS-cofc-1_20-vv-00258
Petitioner: Y.T.
Filed: 2020-03-06
Decided: 2021-06-08
Vaccine: rotavirus
Vaccination date: 2017-11-21
Condition: intussusception
Outcome: compensated
Award amount USD: 3015

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Y.T., age four months, received a rotavirus vaccine on November 21, 2017, and subsequently suffered intussusception. Respondent conceded entitlement, agreeing that the condition satisfied the Vaccine Injury Table and Qualifications and Aids to Interpretation because onset occurred between one and twenty-one days post-vaccination and no alternative cause was apparent. Chief Special Master Brian H. Corcoran issued an entitlement ruling on August 11, 2020, and a damages decision on June 8, 2021. The award includes $3,015.00 for past unreimbursable expenses and an annuity for pain and suffering, providing a lump sum of $191,055.54 on July 14, 2038, payable to Y.T. or his estate. Petitioner's counsel was Bridget Candace McCullough; respondent's counsel was Sarah Black Rifkin.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-00258-0
Date issued/filed: 2020-09-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/11/2020) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00258-UNJ Document 22 Filed 09/14/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0258V
UNPUBLISHED
DIVYA PODURI, Natural Parent and Chief Special Master Corcoran
Guardian of Y.T., a Minor,
Filed: August 11, 2020
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Table Injury; Rotavirus Vaccine;
HUMAN SERVICES, Intussusception
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 6, 2020, Divya Poduri, natural parent and guardian of Y.T., a minor, filed
a petition for compensation under the National Vaccine Injury Compensation Program,
42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that Y.T. suffered an
intussusception resulting from the rotavirus vaccination received on November 21, 2017.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On August 7, 2020, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at
1. Specifically, Respondent agrees that “petitioner has satisfied the criteria set forth in the
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government
Services). This means the ruling will be available to anyone with access to the internet. In accordance
with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:20-vv-00258-UNJ Document 22 Filed 09/14/20 Page 2 of 2
Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”),
which afford petitioner a presumption of causation if the onset of intussusception occurs
between one and twenty-one days after a rotavirus vaccination and there is no other
apparent alternative cause.” Id. at 5. Respondent therefore “recommends that
compensation be awarded.” Id. at 1.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-00258-1
Date issued/filed: 2021-07-08
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/08/2021) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00258-UNJ Document 38 Filed 07/08/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0258V
UNPUBLISHED
DIVYA PODURI, Natural Parent and Chief Special Master Corcoran
Guardian of Y.T., a Minor,
Filed: June 8, 2021
Petitioner,
v. Special Processing Unit (SPU);
Damages Decision Based on Proffer;
SECRETARY OF HEALTH AND Rotavirus Vaccine; Intussusception
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On March 6, 2020, Divya Poduri, natural parent and guardian of Y.T., a minor, filed
a petition for compensation under the National Vaccine Injury Compensation Program,
42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that Y.T. suffered
an intussusception resulting from the rotavirus vaccination received on November 21,
2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On August 11, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for intussusception. On June 6, 2021, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $3,015.00 for
past unreimbursable expenses and an amount sufficient to purchase the annuity contract
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the decision will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:20-vv-00258-UNJ Document 38 Filed 07/08/21 Page 2 of 5
described in section I(B) of the Proffer. Proffer at 2-3. In the Proffer, Respondent
represented that Petitioner agrees with the proffered award. Id. Based on the record as a
whole, I find that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner the
following:
A. A lump sum payment of $3,015.00 for past unreimbursable expenses, in the
form of a check payable to Petitioner, Divya Poduri; and
B. An amount sufficient to purchase the annuity contract described in section
I(B) of the Proffer.
These amounts represent compensation for all damages that would be available
under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:20-vv-00258-UNJ Document 38 Filed 07/08/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
Y.T., a minor, by and through his parent and
natural guardian DIVYA PODURI,
No. 20-258V (ECF)
Petitioner, Chief Special Master Corcoran
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 6, 2020, Divya Poduri (“petitioner”) filed a petition for compensation on
behalf of her minor son, Y.T., under the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended. The petition alleges that Y.T.
suffered intussusception as a result of a rotavirus vaccine administered on November 21, 2017,
when he was 4 months old. Petition at 1, 5. On August 7, 2020, the Secretary of Health and
Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate
for compensation under the terms of the Act for an intussusception Table injury, and, on August
11, 2020, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 18; ECF No. 19.
I. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers, and the parties recommend, that
compensation be made through a lump sum and future annuity payments as described below, and
request that the Chief Special Master’s decision and the Court’s judgment award the following:

Case 1:20-vv-00258-UNJ Document 38 Filed 07/08/21 Page 4 of 5
A. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her minor son’s vaccine-related injury. Respondent proffers that petitioner
should be awarded a lump sum in the amount of $3,015.00 for past unreimbursable expenses.
See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
B. Pain and Suffering
For pain and suffering, see 42 U.S.C. §300aa-15(a)(4), respondent proffers an amount
sufficient to purchase an annuity contract,1 paid to the life insurance company2 from which the
annuity will be purchased,3 subject to the conditions described below. The annuity contract will
be owned solely and exclusively by the Secretary of Health and Human Services and will
provide payments to Y.T.4 as set forth below:
• A certain lump sum of $191,055.54, payable on July 14, 2038. Should Y.T.
predecease the lump sum payment set forth above, said payment shall be made to
his estate. Written notice to the Secretary of Health and Human Services and to
1 At respondent’s discretion, respondent may purchase one or more annuity contracts from one or more
life insurance companies.
2 The life insurance company must have a minimum of $250,000,000 capital and surplus, exclusive of any
mandatory security valuation reserve. The life insurance company must have one of the following ratings
from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or
AAA; or
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA,
AA+, or AAA.
3 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case consistent
with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation
Program System of Records, No. 09-15-0056.
4 At the time payment is received, Y.T. will be an adult, and thus guardianship is not required.
2

Case 1:20-vv-00258-UNJ Document 38 Filed 07/08/21 Page 5 of 5
the life insurance company shall be provided within twenty (20) days of Y.T.’s
death.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Summary of Recommended Payments Following Judgment
A. Lump sum for past unreimburseable expenses, payable to petitioner, Divya Poduri:
$3,015.00
B. An amount sufficient to purchase the annuity contract described above in section I(B).
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
Sarah B. Rifkin
SARAH B. RIFKIN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-5997
Email: sarah.rifkin@usdoj.gov
DATED: June 6, 2021
3