VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01034
Package ID: USCOURTS-cofc-1_21-vv-01034
Petitioner: B.S.
Filed: 2021-03-05
Decided: 2022-06-28
Vaccine: rotavirus
Vaccination date: 2018-08-10
Condition: intussusception
Outcome: compensated
Award amount USD: 54060

AI-assisted case summary:
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 June 28, 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.

Theory of causation field:
Petitioner Bridget Bailey, on behalf of minor B.S., alleged that a rotavirus vaccination administered on or about August 10, 2018, caused B.S. to suffer intussusception. The respondent conceded entitlement to compensation, agreeing that B.S. satisfied the criteria for a Table injury. The public decision does not describe the specific mechanism of injury or name any experts. A ruling on entitlement was issued on January 18, 2022, by Chief Special Master Brian H. Corcoran. Damages were determined by a proffer filed on March 16, 2022, and approved by Chief Special Master Corcoran on June 28, 2022. The award totaled $54,060.00, consisting of $50,000.00 for pain and suffering payable to B.S.'s estate and $4,060.00 for past unreimbursable expenses payable to Bridget Bailey. Petitioner was represented by Danielle Strait and Respondent by Madelyn Weeks.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01034-0
Date issued/filed: 2022-03-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/20/2022) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-01034-UNJ Document 28 Filed 03/01/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1034V
UNPUBLISHED
BRIDGET BAILEY on behalf of B.S., a Chief Special Master Corcoran
minor child,,
Filed: January 20, 2022
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Table Injury; Rotavirus Vaccine;
HUMAN SERVICES, Intussusception
Respondent.
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 5, 2021, Bridget Bailey, on behalf of B.S., filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that B.S. suffered
intussusception caused by a rotavirus vaccine on or about August 10, 2018. Petition at
1-2. Petitioner further alleges that the vaccine was administered within the United States,
that B.S.’s injury resulted in inpatient hospitalization and surgical intervention, and neither
Petitioner nor any other party has received compensation in the form of an award or
settlement for B.S.’s vaccine-related injuries. Petition at 3-4. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
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), 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 1:21-vv-01034-UNJ Document 28 Filed 03/01/22 Page 2 of 2
On January 18, 2022, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at
1. Specifically, Respondent has reviewed the records filed in this case and concluded that
Petitioner is entitled to a presumption of causation. Id. at 3. Respondent further agrees
that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine
Act. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is 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_21-vv-01034-1
Date issued/filed: 2022-06-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/25/2022) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-01034-UNJ Document 39 Filed 06/28/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1034V
UNPUBLISHED
B.B. on behalf of B.S., a minor child, Chief Special Master Corcoran
Petitioner, Originally Filed: March 25, 2022
v. Refiled in Redacted Form: June 28,
2022
SECRETARY OF HEALTH AND
HUMAN SERVICES, Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Respondent. Rotavirus Vaccine; Intussusception
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 5, 2021, B.B., on behalf of B.S., a minor child, filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that B.S. suffered
intussusception as a result of receiving a rotavirus vaccination on August 10, 2018.
Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On January 18, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for intussusception. On March 16, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating that B.S. should be awarded $54,060.00
comprised of $50,000.00 for pain and suffering payable to Petitioner as
guardian/conservator of B.S.’s estate and $4,060.00 for past unreimbursable expenses
payable to Petitioner. Proffer at 1-2. In the Proffer, Respondent represented that
1 When this decision was originally filed, I advised my intent 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). In accordance with Vaccine Rule 18(b),
Petitioner filed a timely motion to redact certain information. This decision is being reissued with the
requested redactions. Except for those changes and this footnote, no other substantive changes have been
made. This decision will be posted on the court’s website with no further opportunity to move for redaction.
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 1:21-vv-01034-UNJ Document 39 Filed 06/28/22 Page 2 of 5
Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that
Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner two lump
sum payments as described below:
(1) A lump sum payment of $50,000.00 in the form of a check payable to
petitioner as guardian/conservator of B.S.’s estate3; and
(2) A lump sum payment of $4,060.00 in the form of a check payable to
Petitioner.
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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to the Proffer, no payments shall be made until petitioner provides respondent with
documentation establishing that she has been appointed as the guardian/conservator of B.S.’s estate.
Proffer at 2.
4 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 1:21-vv-01034-UNJ Document 39 Filed 06/28/22 Page 3 of 5

Case 1:21-vv-01034-UNJ Document 39 Filed 06/28/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to B.S.’s vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $4,060.00. See 42 U.S.C. § 300aa-
15(a)(1)(B).
III. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through
two lump sum payments, as described below:
(1) A lump sum payment of $50,000.00 in the form of a check payable to petitioner as
guardian/conservator of B.S.’s estate.1 No payments shall be made until petitioner
provides respondent with documentation establishing that she has been appointed as
the guardian/conservator of B.S.’s estate; and
(2) A lump sum payment of $4,060.00 in the form of a check payable to petitioner.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.
2

Case 1:21-vv-01034-UNJ Document 39 Filed 06/28/22 Page 5 of 5
s/ MADELYN E. WEEKS
MADELYN E. WEEKS
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 451-7312
madelyn.e.weeks@usdoj.gov
Dated: March 16, 2022
3