VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00858
Package ID: USCOURTS-cofc-1_21-vv-00858
Petitioner: A.M.
Filed: 2021-09-22
Decided: 2022-05-20
Vaccine: rotavirus
Vaccination date: 2019-11-01
Condition: intussusception
Outcome: compensated
Award amount USD: 35965

AI-assisted case summary:
Anna and Matthew Miller, on behalf of their minor daughter A.M., filed a petition for compensation under the National Vaccine Injury Compensation Program on February 3, 2021. They alleged that A.M. suffered intussusception as a result of receiving a rotavirus vaccine on November 1, 2019. The respondent, the Secretary of Health and Human Services, filed a report on September 21, 2021, conceding that A.M. was entitled to compensation. The respondent determined that A.M.'s intussusception met the criteria set forth on the Vaccine Injury Table, establishing a presumption of causation, and that the petitioners had satisfied all legal prerequisites for compensation. On September 22, 2021, Chief Special Master Brian H. Corcoran issued a Ruling of Entitlement, finding A.M. entitled to compensation. Subsequently, on April 4, 2022, the parties submitted a proffer on the award of damages. The respondent proffered an award of $35,965.00, which the petitioners agreed to. This amount comprised $35,000.00 for pain and suffering, payable to A.M.'s estate, and $965.00 for past unreimbursable expenses, payable to Anna and Matthew Miller. Chief Special Master Corcoran issued a Decision Awarding Damages on May 20, 2022, awarding the proffered amounts. The award for pain and suffering was contingent upon the petitioners providing documentation of their appointment as guardian(s)/conservator(s) of A.M.'s estate. Petitioner counsel was Danielle Strait of Maglio Christopher & Toale, PA. Respondent counsel included Nancy Tinch and Madelyn Weeks of the U.S. Department of Justice.

Theory of causation field:
Petitioners Anna and Matthew Miller, on behalf of minor A.M., alleged that a rotavirus vaccination administered on November 1, 2019, caused A.M. to suffer intussusception. The respondent conceded entitlement to compensation, recognizing that A.M.'s intussusception met the criteria on the Vaccine Injury Table, thus establishing a presumption of causation. The public decision does not describe the specific medical onset, symptoms, diagnostic tests, treatments, or expert witnesses. Chief Special Master Brian H. Corcoran issued a Ruling of Entitlement on September 22, 2021, and a Decision Awarding Damages on May 20, 2022. The award totaled $35,965.00, consisting of $35,000.00 for pain and suffering (payable to A.M.'s estate) and $965.00 for past unreimbursable expenses (payable to the petitioners), contingent upon proof of guardianship. Petitioner counsel was Danielle Strait, and respondent counsel included Nancy Tinch and Madelyn Weeks.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00858-0
Date issued/filed: 2021-10-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/22/2021) regarding 18 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-00858-UNJ Document 23 Filed 10/27/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-858V
UNPUBLISHED
ANNA MILLER and MATTHEW Chief Special Master Corcoran
MILLER, on behalf of A.M., a minor
child, Filed: September 22, 2021
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Rotavirus Vaccine;
SECRETARY OF HEALTH AND Intussusception
HUMAN SERVICES,
Respondent.
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 3, 2021, Anna Miller and Matthew Miller 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 her daughter, A.M., a minor.
Petitioners allege that A.M.’s receipt of a rotavirus vaccine on November 1, 2019 caused
her to suffer intussusception. Petition at 1-3. Petitioner further alleges that the rotavirus
vaccine was administered within the United States, that A.M.’s injury resulted in surgical
intervention, and that there has been no prior award or compensation for A.M.’s injury.
Petition at 4. 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), 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.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:21-vv-00858-UNJ Document 23 Filed 10/27/21 Page 2 of 2
On September 21, 2021, Respondent filed his Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c)
Report at 1. Specifically, Respondent has concluded that Petitions are entitled to a
presumption of causation because A.M.’s intussusception meets the criteria set forth on
the Vaccine Injury Table. Id. at 6. Respondent further agrees that Petitioners have
satisfied all legal prerequisites for compensation under the Vaccine Act. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00858-1
Date issued/filed: 2022-05-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/05/2022) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-00858-UNJ Document 37 Filed 05/20/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-858V
UNPUBLISHED
ANNA MILLER and MATTHEW Chief Special Master Corcoran
MILLER, on behalf of A.M., a minor
child, Filed: April 5, 2022
Petitioners, Special Processing Unit (SPU);
v. Damages Decision Based on Proffer;
Rotavirus Vaccine; Intussusception
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioners.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 3, 2021, Anna Miller and Matthew Miller, on behalf of A.M., a minor
child, filed a petition for compensation under the National Vaccine Injury Compensation
Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioners alleges that A.M.
suffered intussusception as a result of receiving a rotavirus vaccination on November 1,
2019. Petition at 15. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On September 22, 2021, a ruling on entitlement was issued, finding Petitioners
entitled to compensation for intussusception. On April 4, 2022, Respondent filed a proffer
on award of compensation (“Proffer”) indicating that A.M. should be awarded $35,965.00
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), 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:21-vv-00858-UNJ Document 37 Filed 05/20/22 Page 2 of 5
comprised of $35,000.00 for pain and suffering payable to Petitioners as
guardian/conservator of A.M.’s estate and $965.00 for past unreimbursable expenses
payable to Petitioners. Proffer at 1-2. In the Proffer, Respondent represented that
Petitioners agree with the proffered award. Id. Based on the record as a whole, I find that
Petitioners are entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioners two lump
sum payments as described below:
(1) A lump sum payment of $35,000.00 in the form of a check payable to
petitioners as guardian(s)/conservator(s) of A.M.’s estate3; and
(2) A lump sum payment of $965.00 in the form of a check payable to Petitioners.
This amount represents compensation for all damages that would be available under
Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to the Proffer, no payments shall be made until Petitioners provides respondent with
documentation establishing that they has been appointed as the guardian(s)/conservator(s) of A.M.’s
estate. Proffer at 2.
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

Case 1:21-vv-00858-UNJ Document 37 Filed 05/20/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ANNA MILLER and MATTHEW MILLER,
on behalf of A.M., a minor child,
Petitioners,
No. 21-858V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On February 3, 2021, Anna Miller and Matthew Miller (“petitioners”) filed a
petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended, on behalf of her daughter,
A.M., a minor, alleging that A.M. suffered intussusception as a result of receiving a
rotavirus vaccination on November 1, 2019. See Pet. at 15. On September 21, 2021,
respondent conceded that entitlement to compensation was appropriate under the terms of
the Vaccine Act. ECF No. 17. On September 22, 2021, Chief Special Master Corcoran
issued a Ruling of Entitlement, finding that petitioners were entitled to vaccine
compensation for A.M.’s intussusception and resulting sequelae. ECF No. 18.
I. Compensation for Vaccine injury-Related Items
Based on the evidence of record, respondent proffers that petitioners should be
awarded the following:
1

Case 1:21-vv-00858-UNJ Document 37 Filed 05/20/22 Page 4 of 5
A. Pain and Suffering
Respondent proffers that petitioners should be award $35,000.00 for A.M.’s pain
and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioners agree.
B. Past Unreimbursable Expenses
Evidence supplied by petitioners document that they incurred past unreimbursable
expenses related to A.M.’s vaccine-related injury. Respondent proffers that petitioner
should be awarded past unreimbursable expenses in the amount of $965.00. See 42
U.S.C. § 300aa-15(a)(1)B). The above amounts represent all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioners agree.
II. Form of the Award
Respondent recommends that the compensation provided to petitioners be made
through two lump sum payments as described below:
(1) A lump sum payment of $35,000.00 in the form of a check payable to
petitioners as guardian/conservator of A.M.’s estate.1 No payments shall
be made until petitioners provide respondent with documentation
establishing that they have been appointed as the
guardian(s)/conservator(s) of A.M.’s estate; and
(2) A lump sum payment $965.00 in the form of a check payable to
petitioners.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
1 Should A.M. die prior to the entry of judgment, respondent reserves the right to move the Court for
appropriate relief. In particular, respondent would oppose any award for future medical expenses, future
pain and suffering, and future lost earnings.
2

Case 1:21-vv-00858-UNJ Document 37 Filed 05/20/22 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ NANCY O. TINCH
Nancy O. Tinch
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
(202) 305-2078
Date: April 4, 2022
3