Corinne Fenn v. HHS - Rotavirus, intussusception (2024)

Corinne Fenn filed a petition on behalf of her minor son, R.F., on April 25, 2022, alleging that R.F. suffered from intussusception as a result of receiving the rotavirus vaccine on August 18, 2021. The petition stated that R.F. required surgery for the condition.

On December 2, 2022, the respondent filed a Rule 4(c) report conceding that R.F.'s intussusception manifested between one and twenty-one days after his second rotavirus vaccine and was not due to an unrelated factor. The respondent also agreed that the injury resulted in hospitalization and surgery.

Based on the respondent's concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 2, 2022, finding R.F. entitled to compensation.

Subsequently, on March 11, 2024, the respondent filed a proffer for an award of compensation. The parties agreed to an award of $5,311.91 for past unreimbursed expenses and $50,000.00 to purchase an annuity contract for future pain and suffering.

Chief Special Master Brian H. Corcoran issued a decision awarding these amounts on April 12, 2024, totaling $55,311.91.

The award included a lump sum check for $5,311.91 payable to Petitioner for past unreimbursed expenses. An additional $50,000.00 was allocated to purchase an annuity contract providing specific lump sum payments on April 16, 2039 ($32,987.57), April 16, 2042 ($37,990.40), and April 16, 2045 ($43,717.44).

The cost of the annuity was to be adjusted to ensure it did not exceed $50,000.00. Petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP, and respondent was represented by Catherine Elizabeth Stolar of the U.S. Department of Justice.

The public decision does not describe the specific onset symptoms, medical tests, or treatments beyond hospitalization and surgery, nor does it name any medical experts.