Shannon Churchwell v. HHS - DTaP, seizure disorder (2017)

Filed 2014-09-02Decided 2017-02-08Vaccine DTaP
compensated$30,557

Case summary [AI summaries can sometimes make mistakes]

On September 2, 2014, Shannon Churchwell filed a petition on behalf of her minor son, R.C.B., alleging that he developed a seizure disorder as a result of receiving diphtheria, tetanus, acellular pertussis (DTaP), pneumococcal conjugate (PCV-13), Haemophilus influenzae type B (Hib), pentavalent rotavirus (RotaTeq), inactivated polio (IPV), and seasonal influenza vaccines on September 20, 2011. The respondent denied that the vaccines caused R.C.B.'s seizure disorder or any other injury or current condition.

The parties filed a joint stipulation on February 7, 2017, agreeing to a compensation award. Special Master Thomas L.

Gowen reviewed the stipulation and adopted it as the court's decision on February 8, 2017. The award included a lump sum of $2,040.95 to satisfy the State of Nevada Medicaid lien, payable jointly to petitioner and Optum, Inc.

Additionally, a lump sum of $2,016.55 was awarded to satisfy the State of Oregon Medicaid lien, payable jointly to petitioner and Subrogation Services, Inc. A further lump sum of $26,500.00 was payable to petitioner as guardian/conservator of R.C.B.'s estate for all remaining Vaccine Act damages.

The total award amounted to $30,557.50. Petitioner was represented by Ramon Rodriguez III of Rawls, McNelis and Mitchell, P.C.

The public decision does not describe R.C.B.'s first seizure, the onset interval, emergency care, diagnostic testing, treatment, or later neurological course. The medical narrative available in the public text is limited to the allegation that the listed vaccines were given on September 20, 2011, and the claimed injury was a seizure disorder.

Theory of causation

Petitioner alleged that DTaP, PCV-13, Hib, RotaTeq, IPV, and seasonal influenza vaccines administered on September 20, 2011, to minor R.C.B. caused a seizure disorder. Respondent denied vaccine causation. The parties reached a stipulation for compensation. The public decision does not detail the first seizure date, onset interval, diagnostic testing, treatment, expert testimony, or biological mechanism. Special Master Thomas L. Gowen adopted the stipulation on February 8, 2017. The award totaled $30,557.50, comprising $2,040.95 for the Nevada Medicaid lien (payable to petitioner and Optum), $2,016.55 for the Oregon Medicaid lien (payable to petitioner and Subrogation Services, Inc.), and $26,500.00 to petitioner as guardian/conservator for remaining damages. Petition filed September 2, 2014. Petitioner's attorney: Ramon Rodriguez III, Rawls, McNelis and Mitchell, P.C.

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