M.W. v. HHS - DTaP, Table intussusception following Rotarix/rotavirus vaccine (2019)

On November 2, 2017, Wendi Walter and Phillip Walter filed a petition under the National Vaccine Injury Compensation Program on behalf of their minor child, M.W. They alleged that M.W. received Rotarix, Prevnar 13, Hib, DTaP, Hepatitis B, and IPV vaccines on October 26, 2016, and subsequently suffered intussusception.

The case was assigned to the Special Processing Unit. The respondent reviewed the medical records and conceded entitlement in a Rule 4(c) report, concluding that M.W.'s claim met the Vaccine Injury Table criteria for intussusception occurring within one to twenty-one days after rotavirus vaccination.

Specifically, M.W.'s intussusception manifested approximately five days after his first dose of rotavirus vaccine, and there was no preponderant evidence that the condition was due to an unrelated factor. The respondent also noted that the intussusception resulted in inpatient hospitalization and surgical intervention.

On May 23, 2018, Chief Special Master Nora Beth Dorsey accepted the concession and found M.W. entitled to compensation. The public entitlement ruling does not state M.W.'s date of birth or exact age, describe the first symptoms, identify the surgical procedure, or summarize the hospital course beyond noting inpatient hospitalization and surgical intervention.

Damages were later resolved by joint stipulation. On March 15, 2019, Chief Special Master Dorsey adopted the stipulation and awarded $56,897.56 in total compensation.

This included $1,897.56 payable to the petitioners for past unreimbursable expenses and $55,000.00 payable to the petitioners as guardians or conservators of M.W.'s estate for all remaining Vaccine Act damages. Petitioners were represented by Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA.

Respondent was represented by Lynn Elizabeth Ricciardella and later by Colleen Clemons Hartley of the U.S. Department of Justice.