June Reed v. HHS - Rotavirus, intussusception (2015)

On July 24, 2014, June Reed filed a petition on behalf of her minor daughter, M.C., alleging that M.C. suffered an intussusception following a rotavirus vaccination administered on December 3, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that the temporal association between the vaccination and the onset of intussusception was medically appropriate and that there was no other identifiable alternate cause.

The respondent further stated that causation-in-fact was supported by the record and that M.C. satisfied the legal prerequisites for compensation. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on October 28, 2014, finding M.C. entitled to compensation based on the respondent's concession.

Subsequently, on January 7, 2015, the respondent filed a proffer on the award of compensation. The parties agreed to the proposed award, and Chief Special Master Vowell issued a decision on January 9, 2015, awarding M.C. $35,000.00 for pain and suffering, $119.04 for past unreimbursable expenses, and $7,990.74 to satisfy a Medicaid lien, totaling $43,109.81.

The award for pain and suffering was contingent upon petitioner providing documentation of her appointment as guardian or conservator of M.C.'s estate. On July 7, 2015, the parties filed a stipulation concerning attorney fees and costs.

Chief Special Master Vowell issued a decision on July 29, 2015, awarding $16,751.66 for attorney fees and costs to counsel of record, Amber Wilson of Maglio Christopher and Toale, PA, and $5,094.50 for guardianship proceedings to Gary L. Conlay, for a total of $21,846.16 in attorney fees and costs.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received by M.C. The specific mechanism of injury is not detailed in the public decision.