VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00798
Package ID: USCOURTS-cofc-1_14-vv-00798
Petitioner: R.C.B.
Filed: 2014-09-02
Decided: 2017-02-08
Vaccine: DTaP
Vaccination date: 2011-09-20
Condition: seizure disorder
Outcome: compensated
Award amount USD: 30557.5

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00798-0
Date issued/filed: 2017-03-06
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 02/08/2017) regarding 41 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00798-UNJ Document 45 Filed 03/06/17 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-798V
Filed: February 8, 2017
* * * * * * * * * * * * * UNPUBLISHED
SHANNON CHURCHWELL As Parent *
and Legal Representative of her Minor Son, *
R.C.B., *
*
Petitioner, * Special Master Gowen
*
v. * Joint Stipulation on Damages;
* Diphtheria, Tetanus, Acellular
SECRETARY OF HEALTH * Pertussis (“DTaP”); Pneumococcal
AND HUMAN SERVICES, * Conjugate (“PCV-13”);
* Haemophilus Influenzae
Respondent. * Type B (“Hib”); Pentavalent
* Rotavirus (“RTQ”); Polio (“IPV”);
* * * * * * * * * * * * * Influenza (“Flu”); Seizure Disorder
Ramon Rodriguez, III, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner.
Adriana R. Teitel, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On September 2, 2014, Shannon Churchwell (“petitioner”) filed a petition on behalf of
her minor son, R.C.B., pursuant to the National Vaccine Injury Compensation Program.2 42
U.S.C. §§ 300aa-10 to 34 (2012). Petitioner alleged that as a result of receiving diphtheria,
tetanus, acellular pertussis (“DTaP”), pneumococcal conjugate (“PCV-13”), haemophilus
influenzae type B (“Hib”), pentavalent rotavirus (“RTQ”), polio (“IPV”), and seasonal influenza
(“Flu”) vaccines on September 20, 2011, R.C.B. developed a seizure disorder. Petition at 1-2.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the
undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in
accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services). As provided by Vaccine Rule 18(b), each party has 14
days within which to request redaction “of any information furnished by that party: (1) that is a trade
secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood
Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§
300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the
Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00798-UNJ Document 45 Filed 03/06/17 Page 2 of 9
On February 7, 2017, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that R.C.B.’s alleged seizure
disorder was caused-in-fact by his September 20, 2011, vaccines and further denies that the
vaccines caused R.C.B. any other injury or his current condition. Stipulation at ¶ 6.
Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court in
awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following in compensation:
a. A lump sum of $2,040.95, representing compensation for full satisfaction of the State
of Nevada Medicaid lien, in the form of a check payable jointly to petitioner and:
Optum, Inc.
Optum Subrogation Services
75 Remittance Drive, Suite 6019
Chicago, IL 60675-6019
Optum File # SN11124659
Petitioner agrees to endorse this payment to Optum, Inc.
b. A lump sum payment of $2,016.55 representing compensation for full satisfaction of
the state of Oregon Medicaid lien, in the form of a check payable jointly to
petitioner and:
Subrogation Services, Inc.
722 Country Club Road
Eugene, OR 97401
c. A lump sum of $26,500.00 in the form of a check payable to petitioner as
guardian/conservator of R.C.B.’s estate. This amount represents compensation for
all remaining damages that would be available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms
of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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Special Master
3

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