Tiffani Weber v. HHS - Rotavirus, intussusception (2024)
Case summary [AI summaries can sometimes make mistakes]
On May 19, 2023, Tiffani Weber filed a petition on behalf of her minor child, C.W., alleging that a rotavirus vaccine administered on or about April 8, 2022, caused C.W. to suffer intussusception, requiring hospitalization and surgery. The respondent, the Secretary of Health and Human Services, conceded that C.W.'s intussusception manifested between one and twenty-one days after vaccination and was not due to an unrelated factor.
The respondent agreed that the injury was compensable under the National Vaccine Injury Compensation Program. A ruling on entitlement was issued on January 17, 2024, by Chief Special Master Brian H.
Corcoran, finding C.W. entitled to compensation. Subsequently, on September 25, 2024, the respondent filed a proffer on award of compensation, which the petitioner agreed to.
The court awarded a total of $66,028.34. This amount comprised $16,028.34 to reimburse a Medicaid lien and $50,000.00 to purchase an annuity contract for pain and suffering.
The decision was issued on October 28, 2024, by Chief Special Master Brian H. Corcoran.
Petitioner counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent counsel was Katherine Edwards of the U.S.
Department of Justice.
Theory of causation
Petitioner Tiffani Weber, on behalf of minor C.W., alleged that a rotavirus vaccine administered on or about April 8, 2022, caused intussusception. The respondent conceded that C.W.'s intussusception manifested between one and twenty-one days after vaccination and was not due to an unrelated factor, agreeing that the injury was compensable under the National Vaccine Injury Compensation Program. The public decision does not describe the specific medical mechanism or expert testimony. The case was resolved via stipulation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 17, 2024, and a final decision awarding damages on October 28, 2024. The award included a $16,028.34 lump sum for a Medicaid lien reimbursement and $50,000.00 to purchase an annuity contract for pain and suffering. Petitioner was represented by Paul R. Brazil, and respondent was represented by Katherine Edwards.
Source PDFs
USCOURTS-cofc-1_23-vv-00742