VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00004 Package ID: USCOURTS-cofc-1_17-vv-00004 Petitioner: M.C. Filed: 2017-01-03 Decided: 2017-07-19 Vaccine: rotavirus Vaccination date: 2015-02-15 Condition: intussusception Outcome: compensated Award amount USD: 360415 AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00004-0 Date issued/filed: 2017-12-14 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/18/2017) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:17-vv-00004-UNJ Document 30 Filed 12/14/17 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0004V Filed: May 18, 2017 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * JAMES CANTWELL, Parent of * M.C., Deceased, * * Petitioner, * Ruling on Entitlement; Concession; v. * Table Injury; Rotavirus Vaccine; * Intussusception; Death; Special SECRETARY OF HEALTH * Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Koby J. Kirkland, Whitehurst Harkness Brees, et al., PLLC, Austin, TX, for petitioner. Ann D. Martin, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On January 3, 2017, James Cantwell (“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”). Petitioner seeks compensation for the death of his son, M.C., on March 3, 2015, allegedly due to intussusception following a rotavirus vaccination, which was administered on February 15, 2015. Petition at 1. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters. On May 17, 2017, respondent filed a Rule 4(c) Report stating that compensation is appropriate in this case under the terms of the Vaccine Act. Rule 4(c) Rep. at 1. Based on the opinion of the medical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services (“DICP”), respondent has 1 Because this unpublished ruling 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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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 1:17-vv-00004-UNJ Document 30 Filed 12/14/17 Page 2 of 2 “concluded that M.C. suffered the Table injury of intussusception following a rotavirus vaccine within the Table time period, and his death was a sequela of the Table injury.” Id. at 3-4. Further, there “is not a preponderance of medical evidence demonstrating that the intussusception and death were due to a factor unrelated to the vaccination.” Id. at 4. Therefore, based on the medical evidence of record, respondent believes entitlement to Vaccine Act compensation is appropriate. Id. In view of respondent’s concession and the evidence of record, the undersigned finds that petitioner is entitled to compensation. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_17-vv-00004-1 Date issued/filed: 2018-01-23 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 7/19/2017) regarding 25 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00004-UNJ Document 33 Filed 01/23/18 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0004V Filed: July 19, 2017 UNPUBLISHED JAMES CANTWELL, Parent of Special Processing Unit (SPU); M.C., Deceased, Damages Decision Based on Proffer; Rotavirus Vaccine; Intussusception; Petitioner, Death v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Koby J. Kirkland, Whitehurst Harkness Brees, et al., PLLC, Austin, TX, for petitioner. Ann D. Martin, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On January 3, 2017, James Cantwell (“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”). Petitioner sought compensation for the death of his son, M.C., on March 3, 2015, allegedly due to intussusception following a rotavirus vaccination, which was administered on February 15, 2015. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 18, 2017, the undersigned issued a ruling on entitlement, finding petitioner entitled to compensation. On July 19, 2017, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner, as legal representative of the estate of M.C., should be awarded $360,415.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. Based on 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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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 1:17-vv-00004-UNJ Document 33 Filed 01/23/18 Page 2 of 4 the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $360,415.00 in the form of a check payable to petitioner as the legal representative of the estate of M.C. This amount represents compensation for all damages that would be available under § 15(a) for M.C.’s vaccine- related injury and death. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 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. 2 Case 1:17-vv-00004-UNJ Document 33 Filed 01/23/18 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) JAMES CANTWELL, Parent of M.C., ) deceased, ) ) Petitioner, ) ) No. 17-4V v. ) Chief Special Master Dorsey ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) PROFFER ON AWARD OF COMPENSATION I. Items of Compensation For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s Rule 4(c) Report, filed on May 17, 2017, conceding entitlement in this case. Based upon the evidence of record, respondent proffers that petitioner, as legal representative of the estate of M.C., should be awarded $360,415.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a) for M.C.’s vaccine-related injury and death. Petitioner agrees. II. Form of the Award Respondent recommends that the compensation should be made through a lump sum payment of $360,415.00 in the form of a check payable to petitioner as the legal representative of the estate of M.C. Petitioner agrees. No payment shall be made until petitioner provides respondent with documentation that he has been appointed the legal representative of M.C.’s estate. Case 1:17-vv-00004-UNJ Document 33 Filed 01/23/18 Page 4 of 4 Respectfully submitted, CHAD A. READLER Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ Ann D. Martin ANN D. MARTIN Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel.: (202) 307-1815 DATED: July 19, 2017 2