VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00413
Package ID: USCOURTS-cofc-1_22-vv-00413
Petitioner: C.M.
Filed: 2022-11-07
Decided: 2022-12-08
Vaccine: rotavirus
Vaccination date: 2019-06-17
Condition: intussusception
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner alleged that C.M. suffered an intussusception resulting from a rotavirus vaccination received on June 17, 2019. The respondent conceded entitlement, determining 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 received in the United States, and the injury met the severity requirement of inpatient hospitalization and surgical intervention. The scope of damages is limited to C.M.'s intussusception and its related sequelae. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 8, 2022, finding Petitioner entitled to compensation based on the respondent's concession. Petitioner counsel was Bridget Candace McCullough. Respondent counsel was Felicia Langel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00413-0
Date issued/filed: 2022-12-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/07/2022) regarding 17 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00413-UNJ Document 22 Filed 12/08/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-413V
UNPUBLISHED
RYAN MEHM, as parent and natural Chief Special Master Corcoran
guardian of C.M., a minor,
Filed: November 7, 2022
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Table Injury; Rotavirus Vaccine;
HUMAN SERVICES, Intussusception
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 11, 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, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that C.M.
suffered an intussusception, resulting from the rotavirus vaccination he received on June
17, 2019. Petition at 1. Petitioner further alleges that the vaccination was administered
within the United States, the injury resulted in inpatient hospitalization and surgical
intervention, and that Petitioner has never received any compensation in the form of an
award or settlement for C.M.’s vaccine-related injuries. Petition at 1,3. 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 1:22-vv-00413-UNJ Document 22 Filed 12/08/22 Page 2 of 2
On October 31, 2022, 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. Respondent determined that “[P]etitioner has satisfied the criteria set forth in the Table
and the Qualifications and Aids to Interpretation for intussusception.” Id. at 5 Specifically,
Respondent determined that “onset of C.M.’s intussusception was within one to twenty-
ones days of the first dose of the rotavirus vaccine. Therefore, [P]etitioner is entitled to a
presumption of vaccine causation for C.M.’s intussusception.” Id. (citation omitted).
Respondent further agrees that “this case was timely filed, the vaccine was received in
the United States, and C.M.’s vaccine-related injury satisfies the severity requirement by
resulting in inpatient hospitalization and surgical intervention . . . .” and that “the scope of
damages to be awarded is limited to C.M.’s intussusception and its related sequelae
only.” 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