B.S. v. HHS - Rotavirus, intussusception (2022)
Case summary [AI summaries can sometimes make mistakes]
On March 5, 2021, Bridget Bailey, on behalf of her minor child B.S., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that B.S. suffered intussusception caused by a rotavirus vaccine administered on or about August 10, 2018.
The petition stated that the vaccine was administered in the United States and that B.S.'s injury required inpatient hospitalization and surgical intervention. The respondent, the Secretary of Health and Human Services, reviewed the records and conceded entitlement to compensation, agreeing that B.S. satisfied the criteria for a Table injury.
A ruling on entitlement was issued on January 18, 2022, by Chief Special Master Brian H. Corcoran, finding B.S. entitled to compensation.
Subsequently, the parties submitted a proffer for damages. On March 25, 2022, Chief Special Master Brian H.
Corcoran awarded B.S. a total of $54,060.00. This amount included $50,000.00 for pain and suffering, payable to B.S.'s estate upon proof of guardianship, and $4,060.00 for past unreimbursable expenses, payable to Bridget Bailey.
The award was based on the parties' agreement and covered all damages available under the Vaccine Act. Petitioner was represented by Danielle Strait of Maglio Christopher & Toale, PA, and Respondent was represented by Madelyn Weeks of the U.S.
Department of Justice.