A.M. v. HHS - Rotavirus, intussusception (2022)
Case summary [AI summaries can sometimes make mistakes]
Anna and Matthew Miller, on behalf of their minor daughter A.M., filed a petition for compensation under the National Vaccine Injury Compensation Program on February 3, 2021. They alleged that A.M. suffered intussusception as a result of receiving a rotavirus vaccine on November 1, 2019.
The respondent, the Secretary of Health and Human Services, filed a report on September 21, 2021, conceding that A.M. was entitled to compensation. The respondent determined that A.M.'s intussusception met the criteria set forth on the Vaccine Injury Table, establishing a presumption of causation, and that the petitioners had satisfied all legal prerequisites for compensation.
On September 22, 2021, Chief Special Master Brian H. Corcoran issued a Ruling of Entitlement, finding A.M. entitled to compensation.
Subsequently, on April 4, 2022, the parties submitted a proffer on the award of damages. The respondent proffered an award of $35,965.00, which the petitioners agreed to.
This amount comprised $35,000.00 for pain and suffering, payable to A.M.'s estate, and $965.00 for past unreimbursable expenses, payable to Anna and Matthew Miller. Chief Special Master Corcoran issued a Decision Awarding Damages on April 5, 2022, awarding the proffered amounts.
The award for pain and suffering was contingent upon the petitioners providing documentation of their appointment as guardian(s)/conservator(s) of A.M.'s estate. Petitioner counsel was Danielle Strait of Maglio Christopher & Toale, PA.
Respondent counsel included Nancy Tinch and Madelyn Weeks of the U.S. Department of Justice.