Poduri v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 20-0258V UNPUBLISHED

DIVYA PODURI, Natural Parent and Chief Special Master Corcoran Guardian of Y.T., a Minor,

Filed: June 8, 2021 Petitioner,

v. Special Processing Unit (SPU);

Damages Decision Based on Proffer; SECRETARY OF HEALTH AND Rotavirus Vaccine; Intussusception HUMAN SERVICES,

Respondent.

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On March 6, 2020, Divya Poduri, natural parent and guardian of Y.T., a minor, 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 Y.T. suffered an intussusception resulting from the rotavirus vaccination received on November 21, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 11, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for intussusception. On June 6, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $3,015.00 for past unreimbursable expenses and an amount sufficient to purchase the annuity contract described in section I(B) of the Proffer. Proffer at 2-3. In the Proffer, Respondent represented that 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 the following:

A. A lump sum payment of $3,015.00 for past unreimbursable expenses, in the form of a check payable to Petitioner, Divya Poduri; and B. An amount sufficient to purchase the annuity contract described in section

I(B) of the Proffer.

These amounts represent compensation for all damages that would be available under § 15(a).

The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS Y.T., a minor, by and through his parent and natural guardian DIVYA PODURI,

No. 20-258V (ECF) Petitioner, Chief Special Master Corcoran v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On March 6, 2020, Divya Poduri (“petitioner”) filed a petition for compensation on behalf of her minor son, Y.T., under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended. The petition alleges that Y.T. suffered intussusception as a result of a rotavirus vaccine administered on November 21, 2017, when he was 4 months old. Petition at 1, 5. On August 7, 2020, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for an intussusception Table injury, and, on August 11, 2020, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 18; ECF No. 19.

I. Items of Compensation and Form of the Award

Based upon the evidence of record, respondent proffers, and the parties recommend, that compensation be made through a lump sum and future annuity payments as described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following:

A. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her minor son’s vaccine-related injury. Respondent proffers that petitioner should be awarded a lump sum in the amount of $3,015.00 for past unreimbursable expenses. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.

B. Pain and Suffering For pain and suffering, see 42 U.S.C. §300aa-15(a)(4), respondent proffers an amount sufficient to purchase an annuity contract, 1 paid to the life insurance company 2 from which the annuity will be purchased, 3 subject to the conditions described below. The annuity contract will be owned solely and exclusively by the Secretary of Health and Human Services and will provide payments to Y.T. 4 as set forth below:

• A certain lump sum of $191,055.54, payable on July 14, 2038. Should Y.T. predecease the lump sum payment set forth above, said payment shall be made to his estate. Written notice to the Secretary of Health and Human Services and to the life insurance company shall be provided within twenty (20) days of Y.T.’s death.

These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Summary of Recommended Payments Following Judgment

A. Lump sum for past unreimburseable expenses, payable to petitioner, Divya Poduri:

$3,015.00 B. An amount sufficient to purchase the annuity contract described above in section I(B).

Respectfully submitted, BRIAN M. BOYNTON Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Acting Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division Sarah B. Rifkin SARAH B. RIFKIN Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-5997 Email: [email protected]

DATED: June 6, 2021