James Cantwell v. HHS - Rotavirus, intussusception (2017)
Case summary [AI summaries can sometimes make mistakes]
On January 3, 2017, James Cantwell, as the parent of his deceased son M.C., filed a petition for compensation under the National Vaccine Injury Compensation Program. He sought compensation for M.C.'s death on March 3, 2015, alleging that the death was a sequela of intussusception, which allegedly occurred after M.C. received a rotavirus vaccine on February 15, 2015.
The case was assigned to the Special Processing Unit. On May 17, 2017, the respondent filed a Rule 4(c) report conceding entitlement to compensation.
Based on the opinion of medical personnel at the Division of Injury Compensation Programs, the respondent concluded that M.C. suffered the Table injury of intussusception following a rotavirus vaccine within the Table time period, and that his death was a sequela of that Table injury. The respondent further concluded that the medical evidence did not show, by a preponderance, that the intussusception and death were due to a factor unrelated to the vaccination.
Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 18, 2017, finding the petitioner entitled to compensation. The public entitlement and damages documents do not provide M.C.'s birth date, exact age at vaccination, symptom-onset narrative, hospitalization course, surgical history, or autopsy findings; they record the respondent's concession and the agreed damages proffer.
On July 19, 2017, the respondent filed a proffer on compensation, and the petitioner agreed with the proposed award. Chief Special Master Dorsey awarded damages on that same day.
The award was a $360,415.00 lump sum payable to James Cantwell as the legal representative of M.C.'s estate, representing all damages available under the Vaccine Act for M.C.'s vaccine-related injury and death. Payment was conditioned on the petitioner providing documentation of his appointment as the legal representative of the estate.
Petitioner was represented by Koby J. Kirkland of Whitehurst Harkness Brees, et al., PLLC.
Respondent was represented by Ann D. Martin.