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.
Theory of causation
The petitioner alleged that a rotavirus vaccine administered on February 15, 2015, caused the Table injury of intussusception in the minor M.C., leading to his death on March 3, 2015, as a sequela of the Table injury. The respondent conceded entitlement on May 17, 2017, based on a review by the Division of Injury Compensation Programs, concluding that intussusception occurred after the rotavirus vaccine within the Table time period, the death was a sequela of the Table injury, and no unrelated factor was shown to be the cause. The public documents do not provide specific details regarding M.C.'s age at vaccination, symptom onset, medical history, or autopsy findings. Chief Special Master Nora Beth Dorsey ruled on entitlement on May 18, 2017, and awarded $360,415.00 as a lump sum on July 19, 2017, payable to James Cantwell as the legal representative of M.C.'s estate, covering all damages under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Koby J. Kirkland; respondent's counsel was Ann D. Martin.
Source PDFs
USCOURTS-cofc-1_17-vv-00004