Miranda Werner v. HHS - Rotavirus, intussusception (2015)

On October 31, 2014, Miranda Werner filed a petition on behalf of her minor child, P.M.S., alleging that P.M.S. suffered an intussusception and recurrence thereof as a result of vaccinations received on May 17, 2013, including rotavirus, polio, pneumococcal, HIB, and DTaP vaccines. The respondent filed a Rule 4(c) Report on January 26, 2015, conceding that P.M.S.'s intussusception was more likely than not caused by the rotavirus vaccine and that the child required surgical intervention.

Based on this concession, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on January 28, 2015, finding P.M.S. eligible for compensation. Subsequently, on August 10, 2015, the parties filed a proffer on the award of compensation.

Chief Special Master Vowell issued a decision on August 12, 2015, awarding compensation structured as an annuity for P.M.S. The annuity included four lump sum payments of $14,526.50 each, payable on January 15 of 2031, 2032, 2033, and 2034.

If P.M.S. predeceased the exhaustion of these payments or was declared incompetent, any remaining payments would be made to the Estate of P.M.S. The award also included a lump sum of $10,221.19 to reimburse a State of Kentucky Medicaid lien, payable jointly to petitioner and Xerox Recovery Services.

The total award for damages was $68,327.19. On October 21, 2015, the parties filed a stipulation for attorneys' fees and costs.

Chief Special Master Nora Beth Dorsey issued a decision on October 21, 2015, approving an award of $11,761.11 for attorneys' fees and costs, payable as a lump sum jointly to petitioner and her counsel, Anne Carrion Toale. The total compensation awarded in the case was $80,088.30.