Ryan Mehm v. HHS - Rotavirus, intussusception (2022)

Ryan Mehm, as parent and natural guardian of C.M., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program on November 7, 2022. Petitioner alleged that C.M. suffered an intussusception resulting from a rotavirus vaccination received on June 17, 2019.

The petition stated that the vaccination occurred in the United States, the injury required inpatient hospitalization and surgical intervention, and no prior compensation had been received. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner is entitled to compensation.

The respondent determined that C.M.'s intussusception met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, with onset within one to twenty-one days of the rotavirus vaccine, establishing a presumption of vaccine causation. The respondent also agreed that the case was timely filed, the vaccine was administered in the United States, and the injury met the severity requirement of inpatient hospitalization and surgical intervention.

The scope of damages will be limited to C.M.'s intussusception and its related sequelae. Based on the respondent's concession and the evidence, Chief Special Master Brian H.

Corcoran found Petitioner entitled to compensation, with the case proceeding to damages. Petitioner counsel was Bridget Candace McCullough of Muller Brazil, LLP.

Respondent counsel was Felicia Langel of the U.S. Department of Justice.