VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01065
Package ID: USCOURTS-cofc-1_14-vv-01065
Petitioner: P.M.S.
Filed: 2014-10-31
Decided: 2015-11-17
Vaccine: rotavirus
Vaccination date: 2013-05-17
Condition: intussusception
Outcome: compensated
Award amount USD: 71303

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01065-0
Date issued/filed: 2015-02-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/28/2015) regarding 12 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01065-UNJ Document 14 Filed 02/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1065V
Filed: January 28, 2015
Not for Publication
* * * * * * * * * * * * * * * * * * * * * * * * *
MIRANDA WERNER, on behalf of *
P.M.S., a minor child, *
*
*
Petitioner, * Ruling on Entitlement; Concession;
* Rotavirus Vaccine; Intussusception;
v. * Special Processing Unit (“SPU”)
*
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Esq., Maglio Christopher and Toale, PA, Washington, DC for petitioner.
Ryan Pyles, Esq., U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On October 31, 2014, Miranda Werner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”] on behalf of her minor child, P.M.S. The petition alleges
that as a result of a rotavirus, polio, pneumococcal, haemophilus influenza b [“HIB”],
and/or diphtheria-tetanus-acellular pertussis [“DTaP”] vaccinations on May 17, 2013,
P.M.S. suffered an intussusception and recurrence thereof. Petition at 1-2. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, it will be
posted on the United States Court of Federal Claims' website, in accordance with the E-Government Act
of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501
note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to
redact medical or other information, the disclosure of which would constitute an unwarranted invasion of
privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such
material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-01065-UNJ Document 14 Filed 02/24/15 Page 2 of 2
On January 26, 2015, respondent filed her Rule 4(c) Report [“Respondent’s
Report”], in which she concedes that petitioner is entitled to compensation in this case.
Respondent’s Report at 4. Specifically, respondent submits that “[t]he facts of this case,
however, support a finding that PMS.’s intussusception more likely than not was caused
in fact by the administration of the rotavirus vaccine” on May 17, 2013. Id. Additionally,
respondent indicated that “[i]n satisfaction of Section 11(c)(1)(D) of the Act, PMS was
also hospitalized for surgical intervention for the treatment of her intussusception.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01065-1
Date issued/filed: 2015-09-02
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 08/12/2015) regarding 25 DECISION Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01065-UNJ Document 28 Filed 09/02/15 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1065V
Filed: August 12, 2015
Not for Publication
* * * * * * * * * * * * * * * * * * * * * * * * *
MIRANDA WERNER, on behalf of *
P.M.S., a minor child, *
*
Petitioner, * Damages Decision Based on Proffer;
* Rotavirus Vaccine; Intussusception;
v. * Special Processing Unit (“SPU”)
*
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Esq., Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Ryan Pyles, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On October 31, 2014, Miranda Werner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”] on behalf of her minor child, P.M.S. The petition alleges
that as a result of a rotavirus, polio, pneumococcal, haemophilus influenza b [“HIB”],
and/or diphtheria-tetanus-acellular pertussis [“DTaP”] vaccinations on May 17, 2013,
P.M.S. suffered an intussusception and recurrence thereof. Petition at 1-2. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post it on the United States Court of Federal Claims' website, in accordance with the E-Government
Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501
note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to
redact medical or other information, the disclosure of which would constitute an unwarranted invasion of
privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such
material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:14-vv-01065-UNJ Document 28 Filed 09/02/15 Page 2 of 6
On January 28, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation for P.M.S.’s intussusception. On August 10, 2015, respondent filed a
proffer on award of compensation [“Proffer”] indicating that petitioner should be awarded
compensation as detailed below.
Pursuant to the terms stated in the attached Proffer, I award compensation as
follows:
(1) An amount sufficient to purchase an annuity contract for the benefit of
P.M.S., paid to the life insurance company from which the annuity will be
purchased (the “Life Insurance Company”),3 pursuant to which the Life
Insurance Company will agree to make payments to P.M.S. as follows:
a. A certain lump sum of $14,526.50 payable on January 15, 2031;
b. A certain lump sum of $14,526.50 payable on January 15, 2032;
c. A certain lump sum of $14,526.50 payable on January 15, 2033;
and
d. A certain lump sum of $14,526.50 payable on January 15, 2034.
Should P.M.S. predecease the exhaustion of the payments referenced
above or be declared incompetent by a court with proper jurisdiction, any
remaining payments shall be made to the Estate of P.M.S.; and
(2) A lump sum of $10,221.19, which amount represents reimbursement of
a State of Kentucky Medicaid lien, in the form of a check payable jointly to
petitioner and
Xerox Recovery Services
Case ID: 19059948
P.O. Box 4003
Schaumburg, IL 60168-4003.
Petitioner shall endorse this payment to Xerox Recovery Services, on behalf of
the State.
Proffer at 1-2. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
3 Respondent shall have sole discretion to select the Life Insurance Company, subject to the
condition that the Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
2

Case 1:14-vv-01065-UNJ Document 28 Filed 09/02/15 Page 3 of 6
The clerk of the court is directed to enter judgment in accordance with this
decision.4
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
3

Case 1:14-vv-01065-UNJ Document 28 Filed 09/02/15 Page 4 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MIRANDA WERNER, on behalf of P.M.S., a
minor child,
Petitioner,
No. 14-1065V
v. Chief Special Master Denise K. Vowell
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 26, 2015, respondent filed her Rule 4(c) Report, in which she recommended
that the Court find petitioner entitled to compensation. On January 28, 2015, the Court ruled in
favor of entitlement. The parties recommend that the compensation provided to P.M.S. should
be made through future annuity payments as described below, and the parties request that the
Chief Special Master’s decision and the Court’s judgment award the following for all
compensation available under 42 U.S.C. § 300aa-15(a):
(1) An amount sufficient to purchase an annuity contract for the benefit of
P.M.S., paid to the life insurance company from which the annuity will be
purchased (the “Life Insurance Company”),1 pursuant to which the Life Insurance
Company will agree to make payments to P.M.S. as follows:
1 Respondent shall have sole discretion to select the Life Insurance Company, subject to the
condition that the Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
1

Case 1:14-vv-01065-UNJ Document 28 Filed 09/02/15 Page 5 of 6
a. A certain lump sum of $14,526.50 payable on January 15, 2031;
b. A certain lump sum of $14,526.50 payable on January 15, 2032;
c. A certain lump sum of $14,526.50 payable on January 15, 2033; and
d. A certain lump sum of $14,526.50 payable on January 15, 2034.
Should P.M.S. predecease the exhaustion of the payments referenced above or be
declared incompetent by a court with proper jurisdiction, any remaining payments
shall be made to the Estate of P.M.S.; and
(2) A lump sum of $10,221.19, which amount represents reimbursement of a
State of Kentucky Medicaid lien, in the form of a check payable jointly to
petitioner and
Xerox Recovery Services
Case ID: 19059948
P.O. Box 4003
Schaumburg, IL 60168-4003.
Petitioner shall endorse this payment to Xerox Recovery Services, on behalf of
the State.
***
This proffer does not address final attorneys’ fees and litigation costs. Petitioner is
additionally entitled to reasonable attorneys’ fees and litigation costs, to be determined at a later
date upon petitioner submitting substantiating documentation.
Petitioner advised respondent that she agrees with the proffered award as described
above.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
2

Case 1:14-vv-01065-UNJ Document 28 Filed 09/02/15 Page 6 of 6
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Assistant Director
Torts Branch, Civil Division
s/ RYAN D. PYLES
RYAN D. PYLES
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-9847
Dated: August 10, 2015
3

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-01065-2
Date issued/filed: 2015-11-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/21/2015) regarding 34 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01065-UNJ Document 37 Filed 11/17/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1065V
Filed: October 21, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MIRANDA WERNER, on behalf of *
P.M.S., a minor child, *
*
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On October 31, 2014, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act”] on behalf of minor child, P.M.S. Petitioner alleged that P.M.S. suffered
intussusception. On August 12, 2015, the undersigned issued a decision awarding
compensation to petitioner based on respondent’s proffer.
On October 21, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to an award of
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:14-vv-01065-UNJ Document 37 Filed 11/17/15 Page 2 of 2
$11,761.11. In accordance with General Order #9, petitioner’s counsel represents that
petitioner incurred no out-of-pocket expenses.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $11,761.113 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel
Anne Carrion Toale.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.