Paul Shuping v. HHS - Rotavirus, intussusception (2021)

Paul Shuping, as the father and natural guardian of his minor child T.S., filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2020. Petitioner alleged that T.S. suffered intussusception as a result of a rotavirus vaccine administered on October 18, 2017.

The case was assigned to the Special Processing Unit. On March 29, 2021, the Respondent, the Secretary of Health and Human Services, filed a report conceding that Petitioner was entitled to compensation.

The Respondent agreed that T.S.'s injury met the criteria for a Rotavirus/Intussusception Table injury and 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 March 29, 2021, finding T.S. entitled to compensation. Subsequently, on September 10, 2021, the Respondent filed a proffer on an award of compensation, to which Petitioner agreed.

On October 13, 2021, Chief Special Master Corcoran issued a decision on damages, awarding T.S. a total of $55,490.68. This award consisted of a lump sum payment of $50,000.00 for T.S.'s pain and suffering, payable to Petitioner as guardian/conservator of T.S.'s estate, and a lump sum payment of $5,490.68 for Petitioner's past unreimbursable expenses, payable to Petitioner.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Meghan Murphy of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received by T.S. beyond the fact of surgical intervention for intussusception.