Kristena Rivera v. HHS - Rotavirus, intussusception (2024)
Case summary [AI summaries can sometimes make mistakes]
On September 25, 2023, Kristena Rivera filed a petition as parent and natural guardian of L.R., a minor, alleging that a rotavirus vaccination administered on December 1, 2022 caused intussusception. Respondent conceded that L.R. suffered a Table intussusception injury.
Chief Special Master Brian H. Corcoran found entitlement on October 10, 2024.
The public ruling and proffer do not describe the child's first abdominal symptoms, imaging, treatment, hospitalization, or recovery, but they identify the injury as compensable under the Vaccine Injury Table. On December 19, 2024, the Chief Special Master adopted respondent's proffer.
The award used $50,000.00 to purchase an annuity contract for pain and suffering. The annuity was to provide future lump-sum payments to L.R. of $38,984.98 on July 30, 2043, $44,605.26 on July 30, 2046, and $50,664.59 on July 30, 2049, with adjustments if necessary so the purchase price equaled $50,000.00.
The proffer stated that the annuity represented all compensation available to L.R. under the Vaccine Act.
Theory of causation
Minor child L.R.; petitioner Kristena Rivera; rotavirus vaccine December 1, 2022; Table intussusception. COMPENSATED. Respondent conceded entitlement; entitlement October 10, 2024; damages/proffer December 19, 2024. Award: $50,000.00 annuity purchase for pain/suffering, paying future lump sums in 2043, 2046, and 2049 subject to purchase-price adjustment. SM Corcoran. Petition filed September 25, 2023.
Source PDFs
USCOURTS-cofc-1_23-vv-01644