Brooke Young v. HHS - Rotavirus, intussusception (2024)

Filed 2023-10-11Decided 2024-10-23Vaccine Rotavirus
entitlement_granted_pending_damages

Case summary [AI summaries can sometimes make mistakes]

Brooke Young, as the natural guardian of her minor child L.M., filed a petition for compensation under the National Vaccine Injury Compensation Program on October 11, 2023. Petitioner alleged that L.M. suffered an intussusception injury after receiving a rotavirus vaccine on July 29, 2021.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that L.M.'s intussusception met the criteria set forth in the Vaccine Injury Table and its accompanying Qualifications and Aids to Interpretation. The respondent further concluded that the injury resulted in inpatient hospitalization and surgical intervention, satisfying all legal prerequisites for compensation under the Act.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Petitioner is entitled to compensation.

The decision on entitlement was issued on October 23, 2024, with the award amount pending. Petitioner's counsel was Paul R.

Brazil of Muller Brazil, LLP, and respondent's counsel was Margaret Armstrong of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.

Theory of causation

Petitioner L.M. alleged an intussusception injury following a rotavirus vaccination on July 29, 2021. The respondent conceded that the intussusception met the criteria set forth in the Vaccine Injury Table and its accompanying Qualifications and Aids to Interpretation, and that the injury resulted in inpatient hospitalization and surgical intervention, satisfying all legal prerequisites for compensation. The theory of causation is based on the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 23, 2024, granting entitlement pending a damages award. Petitioner was represented by Paul R. Brazil, and the respondent was represented by Margaret Armstrong. The public text does not name specific experts or detail the mechanism of injury beyond the Table criteria.

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