VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01734
Package ID: USCOURTS-cofc-1_20-vv-01734
Petitioner: B.B.
Filed: 2020-12-02
Decided: 2023-01-11
Vaccine: rotavirus
Vaccination date: 2019-07-10
Condition: intussusception
Outcome: compensated
Award amount USD: 61398

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01734-0
Date issued/filed: 2021-06-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/10/2021) regarding 18 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01734-UNJ Document 20 Filed 06/10/21 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1734V
UNPUBLISHED
STEPHANIE BANKS and BRADLEY Chief Special Master Corcoran
BANKS, on behalf of B.B., a minor
child, Filed: May 10, 2021
Petitioners, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Rotavirus Vaccine;
SECRETARY OF HEALTH AND Intussusception
HUMAN SERVICES,
Respondent.
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioners.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 2, 2020, Stephanie Banks and Bradley Banks filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”), on behalf of their minor child, B.B. Petitioners
allege that B.B. suffered intussusception, which meets the Table definition, after receiving
a second rotavirus vaccine on July 10, 2019. Petition at ¶¶ 5, 36. In the alternative, they
allege that the vaccine caused B.B.’s intussusception. Id. at ¶¶ 36, 38. Petitioners further
allege that B.B. suffered the residual effects of intussusception for more than six months
and that neither they nor any other party has filed a civil action or received compensation
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), Petitioners have 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-01734-UNJ Document 20 Filed 06/10/21 Page 2 of 2
for B.B.’s intussusception, alleged as vaccine caused. Id. at ¶¶ 37, 40-41. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On May 10, 2021, Respondent filed his Rule 4(c) report in which he concedes that
Petitioners are entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
Specifically, Respondent states that “[i]t is [his] position that [P]etitioner has satisfied the
criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation for a Rotavirus/Intussusception Table injury.” Id. at 6. Respondent adds that
“based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for
compensation under the Act.” Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioners are entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01734-1
Date issued/filed: 2023-01-11
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 12/09/2022) regarding 45 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-01734-UNJ Document 49 Filed 01/11/23 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1734V
UNPUBLISHED
STEPHANIE BANKS and BRADLEY Chief Special Master Corcoran
BANKS, on behalf of B.B., a minor
child, Filed: December 9, 2022
Petitioner, Special Processing Unit (SPU);
v. Damages Decision Based on Proffer;
Rotavirus Vaccine; Intussusception
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 2, 2020, Stephanie Banks and Bradley Banks filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”), on behalf of their minor child, B.B. Petitioners
allege that B.B. suffered intussusception, which meets the Table definition, after receiving
a second rotavirus vaccine on July 10, 2019. Petition at ¶¶ 5, 36. In the alternative, they
allege that the vaccine caused B.B.’s intussusception. Id. at ¶¶ 36, 38. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On May 10, 2021, a ruling on entitlement was issued, finding Petitioners entitled
to compensation for B.B.’s intussusception. On December 8, 2022, Respondent filed a
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01734-UNJ Document 49 Filed 01/11/23 Page 2 of 6
proffer on award of compensation (“Proffer”) indicating Petitioners should be awarded
$1,398.56 for past unreimbursable expenses as well as $60,000.00, for actual pain and
suffering, to purchase an annuity contract pursuant to the terms set forth in the Proffer.
Proffer at 2. In the Proffer, Respondent represented that Petitioners agree with the
proffered award. Id. Based on the record as a whole, I find that Petitioners are entitled to
an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award the following
compensation:
A. A lump sum payment of $1,398.56 representing compensation for past
unreimbursable expenses, in the form of a check payable to Petitioners.
B. An amount not to exceed $60,000.00, representing compensation for actual
pain and suffering, to purchase an annuity contract paid to the life insurance
company (the “Life Insurance Company”) from which the annuity will be
purchased. The Life Insurance Company will agree to make a lump sum
payment to B.B. for all elements of compensation which B.B. would be
entitled under Section 15(a) as follows:
1. A certain lump sum of $102,065.12 payable on March 7, 2037.
The purchase price of the annuity shall neither be greater nor less than
$60,000.00. In the event that the cost of the certain lump sum payment varies
from $60,000.00, the lump sum payment shall be adjusted to ensure that the
total cost of the annuity is neither less nor greater than $60,000.00. Should
B.B. predecease the payment of the certain lump sum payment, said
payment shall be made to his estate. Written notice to the Secretary of Health
and Human Services and to the Life Insurance Company shall be provided
within twenty (20) days of B.B’s death.
This amount represents compensation for all damages that would be available
under Section 15(a).
The Clerk of 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-01734-UNJ Document 49 Filed 01/11/23 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
STEPHANIE BANKS and BRADLEY )
BANKS, on behalf of B.B., a minor child, )
)
Petitioner, ) No. 20-1734V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Procedural History
On December 2, 2020, Stephanie Banks and Bradley Banks (“petitioners”) filed a petition
for compensation (“Petition”), on behalf of their minor child, B.B., 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 as a result of receiving a rotavirus vaccination on July 10, 2019, B.B.
suffered from recurrent intussusception. See Petition at 6. On May 10, 2021, respondent
conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act.
ECF No. 17. Thereafter, on May 10, 2021, the Chief Special Master issued a Ruling on
Entitlement, finding that petitioners were entitled to vaccine compensation for B.B.’s
intussusception and resulting sequelae. ECF No. 18.
II. 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 a future annuity payment as described below,
1

Case 1:20-vv-01734-UNJ Document 49 Filed 01/11/23 Page 4 of 6
and request that the Chief Special Master's decision and the Court's judgment award the
following:1
A. Past Unreimbursable Expenses
Evidence supplied by petitioners documents that they incurred past unreimbursable
expenses related to B.B.'s vaccine-related injury. Respondent proffers that petitioners should be
awarded past unreimbursable expenses in the amount of $1,398.56, in the form of a check
payable to petitioners. Petitioners agree.
B. Pain and Suffering
For pain and suffering, an amount not to exceed $60,000.00 to purchase an annuity
contract,2 paid to the life insurance company3 from which the annuity will be purchased,4 subject
to the conditions described below, that will provide a lump sum annuity payment to B.B. as set
forth below:
A certain lump sum of $102,065.12 payable on March 7, 2037.
1 Should B.B. die prior to entry of judgment, the parties reserve the right to move the Court for
appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future lost earnings, and future pain and suffering.
2 In respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
3 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;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
4 Petitioners authorize the disclosure of certain documents filed by the petitioners 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.
2

Case 1:20-vv-01734-UNJ Document 49 Filed 01/11/23 Page 5 of 6
The purchase price of the annuity described in this section II.B shall neither be greater nor less
than $60,000.00. In the event that the cost of the certain lump sum payment set forth above
varies from $60,000.00, the lump sum payment shall be adjusted to ensure that the total cost of
the annuity is neither less than nor greater than $60,000.00. Should B.B. predecease the payment
of certain 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 the Life Insurance Company shall
be provided within twenty (20) days of B.B.’s death.
These amounts represent all elements of compensation to which B.B. would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioners agree.5
III. Summary of Recommended Payments Following Judgment
A. Past Unreimbursable Expenses: $1,398.56
B. An amount of $60,000.00 to purchase the annuity contract
described above in section II. B.
5 At the time payment is received, B.B. will be an adult, and thus guardianship is not required.
3

Case 1:20-vv-01734-UNJ Document 49 Filed 01/11/23 Page 6 of 6
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Meghan R. Murphy
MEGHAN R. MURPHY
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) 616-4264
Email: meghan.r.murphy@usdoj.gov
DATED: December 8, 2022
4