R.M. v. HHS - Rotavirus, intussusception (2020)

Filed 2019-08-16Decided 2020-07-15Vaccine Rotavirus
compensated$51,029

Case summary [AI summaries can sometimes make mistakes]

On August 16, 2019, Joshua and Elisabeth Monnens filed a petition on behalf of their minor child, R.M., alleging that R.M. suffered from intussusception as a result of receiving a rotavirus vaccination on June 11, 2018. The case was assigned to the Special Processing Unit.

The respondent filed a Rule 4(c) report on November 20, 2019, conceding that R.M. suffered a Table intussusception and satisfied the legal prerequisites for compensation. Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on November 21, 2019, finding Petitioners entitled to compensation. A prior damages decision issued on February 7, 2020, was vacated on July 15, 2020, following a joint motion by the parties due to difficulties in establishing a guardianship for R.M.

In a corrected damages decision filed July 15, 2020, Chief Special Master Corcoran awarded $50,000.00 to purchase an annuity contract payable to R.M. when he reaches the age of majority on February 9, 2036, and $1,029.27 payable to Joshua and Elisabeth Monnens for unreimbursable past expenses. Petitioner was represented by Glynn Weldon Gilcrease Jr., and respondent was represented by Mallori Browne Openchowski and later by Voris Edward Johnson.

Theory of causation

Petitioners Joshua and Elisabeth Monnens, on behalf of minor R.M., alleged that R.M. suffered intussusception following a rotavirus vaccination administered on June 11, 2018. Respondent conceded entitlement in a Rule 4(c) report filed November 20, 2019, stating that R.M.'s intussusception met the criteria of the Vaccine Injury Table and that Petitioners satisfied all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 21, 2019. A damages decision was subsequently issued on July 15, 2020, after a prior damages decision was vacated due to guardianship issues. The award included $50,000.00 for an annuity contract payable to R.M. at majority on February 9, 2036, and $1,029.27 to Joshua and Elisabeth Monnens for unreimbursable past expenses, totaling $51,029.27. Petition was filed August 16, 2019. Petitioner's attorney was Glynn Weldon Gilcrease Jr. Respondent's attorneys were Mallori Browne Openchowski and Voris Edward Johnson.

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