Miranda Werner v. HHS - Rotavirus, intussusception (2015)
Case summary [AI summaries can sometimes make mistakes]
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 November 17, 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.
Theory of causation
Petitioner Miranda Werner, on behalf of minor P.M.S., alleged that rotavirus, polio, pneumococcal, HIB, and/or DTaP vaccinations administered on May 17, 2013, caused P.M.S. to suffer intussusception. The respondent conceded that the intussusception was more likely than not caused by the rotavirus vaccine and that surgical intervention was required. This concession led to a ruling on entitlement by Chief Special Master Denise Kathryn Vowell on January 28, 2015. A subsequent proffer on damages was filed, and Chief Special Master Vowell awarded compensation on August 12, 2015. The award included an annuity for P.M.S. with lump sum payments totaling $58,106.00 between 2031 and 2034, and a $10,221.19 lump sum for a State of Kentucky Medicaid lien reimbursement. Attorneys' fees and costs of $11,761.11 were awarded on November 17, 2015, by Chief Special Master Nora Beth Dorsey. The total award was $80,088.30. The theory of causation relied on the respondent's concession regarding the rotavirus vaccine and intussusception, aligning with the "Table" category of the Vaccine Injury Table.