IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 14-25V
Filed: April 25, 2014
Not for publication
*************************
GRACE BODDEN and *
DAMIAN BODDEN *
Legal representatives of a minor *
Child, B.B., * Damages; Decision Based on Proffer;
* Rotavirus; Intussusception
Petitioners, *
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
****************************
Carlos Allenby Bodden, Esq., Ellis, Ged & Bodden, Boca Raton, FL for petitioners.
Lindsay Corliss, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Gowen, Special Master:
On January 10, 2014, Grace Bodden and Damian Bodden [“petitioners”] filed a
petition for compensation under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-10, et seq.2 [the “Vaccine Act” or “Program”] as legal representatives of
a minor child, B.B., alleging that B.B. suffered from intussusception requiring surgical
intervention, which was caused-in-fact by the rotavirus vaccine B.B. received on April 9,
2012. Petition at 1. On April 24, 2014, respondent filed a proffer on award of
compensation, which indicated that petitioners agreed to the compensation amount.
1
Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2006).
Pursuant to the terms stated in the attached Proffer, I award petitioners:
1. A lump sum payment of $40,000.00 in the form of a check payable to
petitioners, Grace Bodden and Damian Bodden as
guardians/conservators of B.B.’s estate, representing compensation for
actual pain and suffering. No payments shall be made to petitioners until
petitioners provide respondent with current documentation establishing that
they have been appointed guardians/conservators of B.B.’s estate.
2. A lump sum payment of $1,189.06 in the form of a check payable to
petitioners, Grace Bodden and Damian Bodden, representing
compensation for past unreimbursable medical expenses.
These amount represents compensation for all damages that would be available
under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
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Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
GRACE and DAMIAN BODDEN, as )
legal representatives of a minor child, )
B.B., )
)
Petitioners, ) No. 14-25V ECF
)
v. ) Special Master Gowen
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 10, 2013, petitioners, on behalf of their son, Brandon Bodden (“B.B.”), filed a
petition for compensation under the National Childhood Vaccine Injury Act of 1986 (the
“Vaccine Act”), as amended. 42 U.S.C. §§ 300aa-1 et seq. Petitioners allege that, after B.B.
received the RotaTeq rotavirus vaccine on April 9, 2012, he suffered from intussusception,
requiring a surgical intervention. Petitioners allege a theory based on causation-in-fact. The
Secretary of Health and Human Services (“respondent”) filed a Vaccine Rule 4(c) Report,
conceding that B.B. suffered from intussusception requiring surgical intervention after receipt of
the rotavirus vaccine, and recommending that petitioners be awarded compensation. Respondent
hereby submits the following proffer regarding the award of compensation. This proffer does
not address final attorneys’ fees and litigation costs. Petitioners are additionally entitled to
reasonable attorneys’ fees and litigation costs, to be determined at a later date upon petitioners
submitting substantiating documentation.
I. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, petitioners are not entitled to
an award for projected unreimbusable medical care expenses for B.B. incurred from the date of
judgment as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(A). Petitioners agree.
B. Lost Future Earnings
Respondent proffers that based upon the evidence of record, B.B. has not, and he is not
likely to suffer a loss of earnings as a result of his vaccine injury. Accordingly, petitioners
should not be awarded lost future earnings as provided under the Vaccine Act, 42 U.S.C.
§ 300aa-15(a)(3)(A). Petitioners agree.
C. Pain and Suffering
Respondent proffers that petitioners should be awarded a lump sum of $40,000.00 for
B.B.’s actual pain and suffering as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(4).
Petitioners agree.
D. Past Unreimburseable Expenses
Evidence supplied by petitioners documents their expenditure of past unreimbursable
expenses related to B.B.’s vaccine-related injury. Respondent proffers that petitioners should be
awarded past unreimbursable expenses in the amount of $1,189.06. Petitioners agree.
E. Medicaid Lien
Petitioners represent that there are no outstanding Medicaid liens related to B.B.’s
vaccine-related injury.
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II. Form of the Award
The parties recommend that the compensation provided to petitioners, to be received on
behalf of B.B., should be made through a combination of lump sum payments as described
below, and request that the special master’s decision and the Court’s judgment award the
following:
A. A lump sum payment of $40,000.00, representing compensation for past actual pain
and suffering, in the form of a check payable to petitioners as guardians/conservators of B.B.’s
estate. No payments shall be made to petitioners until petitioners provide respondent with
current documentation establishing that they have been appointed guardians/conservators of
B.B.’s estate. If petitioners are not authorized by a court of competent jurisdiction to serve as
guardians/conservators of the estate of B.B., any such payment shall be made to the party or
parties appointed by a court of competent jurisdiction to serve as guardian(s)/conservator(s) of
the estate B.B. upon submission of written documentation of such appointment to the Secretary.
B. A lump sum payment of $1,189.06, representing compensation for past
unreimbursable medical expenses, payable to petitioners.
III. Summary of Recommended Payment Following Judgment
A. Lump sum paid to petitioners as guardians/conservators of B.B.’s
estate, representing compensation for actual pain and suffering: $ 40,000.00
B. Lump sum paid to petitioners, representing compensation for past
unreimbursable medical expenses: $ 1,189.06
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Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, JR.
Assistant Director
Torts Branch, Civil Division
/s/ Lindsay Corliss
LINDSAY CORLISS
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-9197
Dated: April 24, 2014 Fax: (202) 616-4310
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