VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00465
Package ID: USCOURTS-cofc-1_22-vv-00465
Petitioner: R.F.
Filed: 2022-12-02
Decided: 2024-04-12
Vaccine: rotavirus
Vaccination date: 2021-08-18
Condition: intussusception
Outcome: compensated
Award amount USD: 55311

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Corinne Fenn, on behalf of minor R.F., alleged that R.F. suffered a Table injury of intussusception as a result of receiving the rotavirus vaccine on August 18, 2021. The respondent conceded 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, agreeing that the injury resulted in hospitalization and surgery. This concession led to a ruling on entitlement by Chief Special Master Brian H. Corcoran on December 2, 2022. A subsequent decision on April 12, 2024, by Chief Special Master Corcoran awarded compensation based on a stipulation between the parties. The award consisted of $5,311.91 for past unreimbursed expenses and $50,000.00 for an annuity contract for future pain and suffering, totaling $55,311.91. Petitioner was represented by Paul R. Brazil, and respondent by Catherine Elizabeth Stolar. The public text does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00465-0
Date issued/filed: 2023-01-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/02/2022) regarding 16 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:22-vv-00465-UNJ Document 20 Filed 01/06/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0465V
UNPUBLISHED
CORINNE FENN, parent and natural Chief Special Master Corcoran
guardian of R.F., a minor,
Filed: December 2, 2022
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Table Injury; Rotavirus Vaccine;
HUMAN SERVICES, Intussusception
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On April 25, 2022, Corinne Fenn filed a petition, on behalf of her minor child, R.F.,
for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that R.F. suffered a Table injury
of intussusception as a result of a rotavirus vaccine received on August 18, 2021. Petition
at ¶1. Petitioner further alleges that R.F. underwent surgery for treatment of
intussusception. Petition at ¶5. 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-00465-UNJ Document 20 Filed 01/06/23 Page 2 of 2
On December 2, 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. Specifically, Respondent states that “R.F.’s intussusception manifested between one
and twenty-one days after his receipt of his second rotavirus vaccine, and there is no
preponderant evidence that his condition was due to a factor unrelated to the vaccine.”
Id. at 4. Respondent further agrees that R.F.’s intussusception resulted in hospitalization
and surgery. 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_22-vv-00465-1
Date issued/filed: 2024-04-12
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 03/12/2024 ) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00465-UNJ Document 38 Filed 04/12/24 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0465V
R.F., a minor, by and through his Chief Special Master Corcoran
parent and natural guardian, CORINNE
FENN, Filed: March 12, 2024
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On April 25, 2022, Corinne Fenn filed a petition on behalf of her minor child, R.F.,
for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that R.F. suffered an
intussusception following receipt of his second dose of the rotavirus vaccine on August
18, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On December 2, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for R.F.’s intussusception. On March 11, 2024, Respondent filed
a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a
lump sum of $5,311.91 for past unreimbursed expenses and $50,000.00, the amount
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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.
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 (2018).

Case 1:22-vv-00465-UNJ Document 38 Filed 04/12/24 Page 2 of 6
proffered as sufficient to purchase an annuity contract as described in Proffer Section I.B.
Proffer at 1-3. In the Proffer, Respondent represented that Petitioner agrees with the
proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an
award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award the following:
• Petitioner a lump sum payment of $5,311.91 for past unreimbursed expenses
in the form of a check payable to Petitioner. This amount represents
compensation for all damages that would be available under Section 15(a)(1)(B).
• An amount of $50,000.00, to purchase the annuity contract described in the
Proffer, Section I.B. This amount represents all remaining elements of
compensation to which R.F. would be entitled under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 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 1:22-vv-00465-UNJ Document 38 Filed 04/12/24 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
R.F., a minor, by and through his parent )
and natural guardian, CORINNE FENN, )
)
Petitioner, )
) No. 22-465V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 25, 2022, Corinne Fenn (“petitioner”) filed a petition under the National Childhood
Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended (“Vaccine Act” or “Act”), on
behalf of her minor son, R.F. ECF No. 1. Petitioner alleged that R.F.’s receipt of the second dose
of the rotavirus vaccine on August 18, 2021, caused him to suffer an intussusception. Id. at 1-2. On
December 2, 2022, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c)
Report indicating that this case is appropriate for compensation under the terms of the Act for a
Table intussusception. ECF No. 15. The same day, the Chief Special Master issued a Ruling on
Entitlement, finding petitioner entitled to compensation. ECF No. 16.
I. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers, and the parties recommend, that
compensation be made through a lump sum and future annuity payments as described below, and
request that the Chief Special Master’s decision and the Court’s judgment award the following:1
1 Should R.F. die prior to entry of judgment, the parties reserve the right to move the Court for
appropriate relief. In particular, respondent would oppose any award for future medical expenses,
future lost earnings, and future pain and suffering.

Case 1:22-vv-00465-UNJ Document 38 Filed 04/12/24 Page 4 of 6
A. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable expenses
related to R.F.’s vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $5,311.91, in the form of a check payable to petitioner.
See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
B. Pain and Suffering
For pain and suffering, an amount not to exceed $50,000.00 to purchase an annuity
contract,2 paid to the life insurance company3 from which the annuity will be purchased,4 subject to
the conditions described below, that will provide payments to R.F. as set forth below:
2 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or
more life insurance companies.
The parties further agree that the annuity payments cannot be assigned, accelerated, deferred,
increased, or decreased by the parties and that no part of any annuity payments called for herein, nor
any assets of the United States or the annuity company, are subject to execution or any legal process
for any obligation in any manner. Petitioner and petitioner’s heirs, executors, administrators,
successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage,
encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise, and
further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity
payments, or any part thereof, by assignment or otherwise.
3 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one
of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
4 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case
consistent with the Privacy Act and the routine uses described in the National Vaccine Injury
Compensation Program System of Records, No. 09-15-0056.
2

Case 1:22-vv-00465-UNJ Document 38 Filed 04/12/24 Page 5 of 6
a. A certain Lump Sum of $32,987.57 payable on April 16, 2039.
b. A certain Lump Sum of $37,990.40 payable on April 16, 2042.
c. A certain Lump Sum of $43,717.44 payable on April 16, 2045.
The purchase price of the annuity described in this section I.B shall neither be greater nor less than
$50,000.00. In the event that the cost of the certain lump sum annuity payments set forth above
varies from $50,000.00, the certain lump sum payable on April 16, 2045, shall be adjusted to ensure
that the total cost of the annuity is neither less than nor greater than $50,000.00. Should R.F.
predecease payment of any of the certain lump sum payments set forth above, said payments shall
be made to his estate. Written notice to the Secretary of Health and Human Services and to the Life
Insurance Company shall be provided within twenty (20) days of R.F.’s death.
These amounts represent all elements of compensation to which R.F. would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.5
II. Summary of Recommended Payments Following Judgment
A. Past Unreimbursble Expenses: $5,311.91
B. An amount of $50,000.00 to purchase the annuity contract
described above in section I.B.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
5 At the time payment is received, R.F. will be an adult, and thus guardianship is not required.
However, petitioner represents that she presently is, or if necessary, will become, authorized to
serve as guardians/conservators of R.F.’s estate as may be required under the laws of the State of
North Carolina.
3

Case 1:22-vv-00465-UNJ Document 38 Filed 04/12/24 Page 6 of 6
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
/s/ Catherine E. Stolar
CATHERINE E. STOLAR
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 353-3299
catherine.stolar@usdoj.gov
DATED: March 11, 2024
4