VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01220
Package ID: USCOURTS-cofc-1_19-vv-01220
Petitioner: R.M.
Filed: 2019-08-16
Decided: 2020-07-15
Vaccine: rotavirus
Vaccination date: 2018-06-11
Condition: intussusception
Outcome: compensated
Award amount USD: 51029.27

AI-assisted case summary:
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 field:
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.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-01220-0
Date issued/filed: 2019-12-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/21/2019) regarding 14 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01220-UNJ Document 18 Filed 12/30/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1220V
UNPUBLISHED
JOSHUA MONNENS and ELISABETH Chief Special Master Corcoran
MONNENS, on behalf of R.M., a minor
child, Filed: November 21, 2019
Petitioners, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Rotavirus Vaccine;
SECRETARY OF HEALTH AND Intussusception
HUMAN SERVICES,
Respondent.
Glynn Weldon Gilcrease, Jr., Law Office of Glynn W. Gilcrease, Jr., PC, Tempe, AZ, for
petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
On August 16, 2019, Joshua and Elisabeth Monnens filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act”), on behalf of their minor child, R.M. Petitioners
allege that R.M. suffered from an intussusception as a result of receiving a rotavirus
vaccination on June 11, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
required 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). This means the ruling will be available to anyone with access to
the internet. In accordance with Vaccine Rule 18(b), Petitioners have 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, I agree that the identified material fits within this definition, I 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 1:19-vv-01220-UNJ Document 18 Filed 12/30/19 Page 2 of 2
On November 20, 2019, Respondent filed his Rule 4(c) report in which he
concedes that Petitioners are entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, Respondent states that “[P]etitioners are entitled to a
presumption of causation because R.M.’s intussusception meets the criteria of the
Vaccine Injury Table. Id. at 4. Respondent further agrees that “[P]etitioners have
satisfied all legal prerequisites for compensation under the Act.” Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioners are entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-01220-1
Date issued/filed: 2020-08-14
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 07/15/2020) regarding 27 DECISION Stipulation/Proffer,, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01220-UNJ Document 31 Filed 08/14/20 Page 1 of 3
Corrected
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1220V
UNPUBLISHED
JOSHUA MONNENS Chief Special Master Corcoran
and
ELISABETH MONNENS Filed: July 15, 2020
on behalf of R.M., a minor child,
Special Processing Unit (SPU);
Petitioner, Damages Decision Based on Proffer;
v. Rotavirus Vaccine; Intussusception
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Glynn Weldon Gilcrease, Jr., Law Office of Glynn W. Gilcrease, Jr., PC, Tempe, AZ, for
petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
A Decision Awarding Damages was previously issued in this case on February 7,
2020. ECF 22. On June 4, 2020, the parties filed a Joint Motion for Relief from
Judgment. ECF 25. In the motion, the parties “jointly petition the Court for an order
altering the Judgment . . . to modify the form of the award.” Id. I granted this motion and
vacated the prior decision awarding damages in an order dated July 15, 2020. ECF 26.
In the Joint Motion, Petitioners reported that they had encountered difficulties
establishing a guardianship for R.M., and “have determined, that they prefer, as an
alternative, for respondent to purchase an annuity for the benefit of R.M., payable to
R.M. at the time R.M. reaches the age of majority, which would not require
establishment of a guardianship.” Id. Therefore, as noted above and as requested by
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required 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). This means the decision will be available to anyone with access
to the internet. 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, I agree that the identified material fits within this definition, I will redact such
material from public access.

CCaassee 11::1199--vvvv--0011222200--UUNNJJ DDooccuummeenntt 2371 FFiilleedd 0078//1154//2200 PPaaggee 22 ooff 33
the parties, the prior decision issued on February 7, 2020 is vacated and withdrawn.
This new decision reflects the updated terms agreed upon by the parties in ECF 25.
On August 16, 2019, Joshua and Elisabeth Monnens filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act”), on behalf of their minor child, R.M. ECF 1.
Petitioners allege that R.M. suffered from an intussusception as a result of receiving a
rotavirus vaccination on June 11, 2018. Id. at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On November 21, 2019, a ruling on entitlement was issued, finding Petitioners
entitled to compensation for R.M.’s intussusception. ECF14. On February 6, 2020,
Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioners
should be awarded $50,000.00 as guardians/conservators of R.M.’s estate and
$1,029.27, representing compensation for their past unreimbursable expenses. ECF 21.
In the Proffer, Respondent represented that Petitioners agree with the proffered award.
Id.
However, as noted above, Petitioners have encountered difficulties establishing a
guardianship for R.M. ECF 25. Therefore, as requested in the Joint Motion, I award
Petitioners the total amount of $51,029.27 as follows:
A. An annuity contract purchased in the amount of $50,000.00 paid to the Life
Insurance Company as described in the attached Motion,3 with the payment
payable to R.M. when he reaches the age of majority on February 9, 2036.
This amount represents compensation for all elements of compensation
under 42 U.S.C. § 300aa-15(a) to which R.M. is entitled; and
B. A lump sum payment of $1,029.27, in the form of a check made payable
directly to petitioners, representing compensation for petitioners’
unreimbursed past expenses pursuant to 42 U.S.C. § 300aa-15(a)(1)(B).
These amounts represent compensation for all damages that would be available
under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.4
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).
3 See ECF 25 at 2-4 (attached) for a detailed description of the requirements for the annuity contract.
4 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

CCaassee 11::1199--vvvv--0011222200--UUNNJJ DDooccuummeenntt 2371 FFiilleedd 0078//1154//2200 PPaaggee 33 ooff 33
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3