B.B. v. HHS - Rotavirus, intussusception (2023)
Case summary [AI summaries can sometimes make mistakes]
Stephanie and Bradley Banks filed a petition on December 2, 2020, on behalf of their minor child, B.B., alleging that B.B. suffered intussusception after receiving a second rotavirus vaccine on July 10, 2019. The petition stated that B.B.'s condition met the definition of a Table injury and sought compensation.
The respondent filed a Rule 4(c) report on May 10, 2021, conceding entitlement to compensation and agreeing that B.B.'s injury satisfied the criteria set forth in the Vaccine Injury Table for a rotavirus/intussusception Table injury. Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on May 10, 2021, finding B.B. entitled to compensation. On December 8, 2022, the parties submitted a proffer for damages.
The decision, issued by Chief Special Master Brian H. Corcoran on January 11, 2023, awarded B.B. $1,398.56 for past unreimbursable expenses, to be paid as a lump sum check to the petitioners.
Additionally, $60,000.00 was awarded to purchase an annuity contract for pain and suffering. This annuity will provide a lump sum payment of $102,065.12 to B.B. on March 7, 2037.
The total compensation awarded was $61,398.56. Petitioners were represented by Danielle Strait of Maglio Christopher & Toale, PA, and the 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, treatments, or the mechanism of injury beyond its classification as a Table injury.
Theory of causation
Petitioners alleged that B.B. suffered intussusception after receiving a rotavirus vaccine on July 10, 2019, meeting the definition of a Table injury. The respondent conceded entitlement, agreeing that the injury satisfied the criteria for a Rotavirus/Intussusception Table injury. The Special Master found entitlement based on the respondent's concession and the record. The case proceeded to damages, where a proffer was submitted. The award included $1,398.56 for past unreimbursable expenses and $60,000.00 to purchase an annuity for pain and suffering, which will yield $102,065.12 on March 7, 2037. The total award was $61,398.56. Chief Special Master Brian H. Corcoran issued the Ruling on Entitlement on May 10, 2021, and the Decision Awarding Damages on January 11, 2023. Petitioners' counsel was Danielle Strait, and respondent's counsel was Meghan Murphy.
Source PDFs
USCOURTS-cofc-1_20-vv-01734