VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00742
Package ID: USCOURTS-cofc-1_23-vv-00742
Petitioner: C.W.
Filed: 2023-05-19
Decided: 2024-10-28
Vaccine: rotavirus
Vaccination date: 2022-04-08
Condition: intussusception
Outcome: compensated
Award amount USD: 66028

AI-assisted case summary:
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 field:
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.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_23-vv-00742-0
Date issued/filed: 2024-02-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/17/2024) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:23-vv-00742-UNJ Document 19 Filed 02/16/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0742V
TIFFANI WEBER, as parent and Chief Special Master Corcoran
natural guardian of C.W., a minor,
Filed: January 17, 2024
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 19, 2023, Tiffani Weber filed a petition for compensation on behalf of her
minor child, C.W, under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that C.W.’s receipt of a
rotavirus vaccine on or about April 8, 2022, caused him to suffer intussusception. Petition
at 1-2. Petitioner further alleges that C.W.’s injury resulted in inpatient hospitalization and
surgical intervention. Petition at 2. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 17, 2024, 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 Because this Ruling 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 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 (2018).

Case 1:23-vv-00742-UNJ Document 19 Filed 02/16/24 Page 2 of 2
1. Specifically, Respondent states that “C.W.’s intussusception manifested between one
and twenty-one days after his receipt of the rotavirus vaccine, and there is not
preponderant evidence that his condition was due to a factor unrelated to the vaccine.”
Id. at 4-5. Respondent further agrees that “C.W.’s intussusception ‘resulted in inpatient
hospitalization and surgical intervention’” and that based on the record as it now stands,
Petitioner has satisfied all legal prerequisites for compensation under the Act. Id. at 5.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_23-vv-00742-1
Date issued/filed: 2024-10-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/26/2024) regarding 27 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:23-vv-00742-UNJ Document 30 Filed 10/28/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0742V
TIFFANI WEBER, as parent and Chief Special Master Corcoran
natural guardian of C.W., a minor,
Filed: September 26, 2024
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 19, 2023, Tiffani Weber filed a petition for compensation on behalf of her
minor child, C.W., under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that C.W.’s receipt of a
rotavirus vaccine on or about April 8, 222, caused him to suffer intussusception. Petition
at 1-2. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On January 17, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation. On September 25, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $16,028.34 for
reimbursement of a Medicaid lien and $50,000.00 to purchase an annuity contract as
described in the proffer. Proffer at 1-4. In the Proffer, Respondent represented that
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 1:23-vv-00742-UNJ Document 30 Filed 10/28/24 Page 2 of 7
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 Petitioner the
following:
A. A lump sum of $16,028.34 for reimbursement of a Medicaid lien in the form
of a check payable jointly to Petitioner and:
Treasurer, State of New Jersey
Health Management Systems, Inc.
P.O. Box 416522
Boston, MA 02241-6522
Petitioner agrees to endorse the check to the Treasurer, State of New Jersey
for satisfaction of the Medicaid lien, and
B. An amount of $50,000.00, to purchase the annuity contract described in
section I.B. of the attached Proffer.
These amounts represent compensation for all damages that would be available 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 1:23-vv-00742-UNJ Document 30 Filed 10/28/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
C.W. a minor, by and through his parent and
natural guardian, TIFFANI WEBER,
Petitioner,
No. 23-742 V
v. Chief Special Master Brian H. Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 17, 2024, respondent filed a Vaccine Rule 4(c) report concluding that C.W.
suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986,
as amended, 42 U.S.C. §§ 300aa-1 to -34, that is, intussusception, as defined in the Vaccine
Injury Table. EFC 16. Accordingly, on January 17, 2024, the Chief Special Master issued a
Ruling on Entitlement. EFC 17.
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 C.W. 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 1:23-vv-00742-UNJ Document 30 Filed 10/28/24 Page 4 of 7
I. Items of Compensation
A. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of New
Jersey Medicaid lien in the amount of $16,028.34, which represents full satisfaction of any right
of subrogation, assignment, claim, lien, or cause of action the State of New Jersey may have
against any individual as a result of any Medicaid payments the State of New Jersey has made to
or on behalf of C.W. from the date of her eligibility for benefits through the date of judgment in
this case as a result of C.W.’s alleged vaccine-related injury suffered on or about April 8, 2022,
under Title XIX of the Social Security Act. Reimbursement of the State of New Jersey Medicaid
lien shall be made through a lump sum payment of $16,028.34, representing compensation for
satisfaction of the State of New Jersey Medicaid lien, in the form of a check payable jointly to
petitioner and:
Treasurer, State of New Jersey
Health Management Systems, Inc.
P.O. Box 416522
Boston, MA 02241-6522
Petitioner agrees to endorse the check to the Treasurer, State of New Jersey for satisfaction of the
Medicaid lien.
B. Pain and Suffering
For pain and suffering, respondent proffers that petitioner should be awarded an amount
of $50,000.00 to purchase an annuity contract,2 paid to the life insurance company3 from which
2 In respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
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:
2

Case 1:23-vv-00742-UNJ Document 30 Filed 10/28/24 Page 5 of 7
the annuity will be purchased,4 subject to the conditions described below, that will provide
payments to C.W. as set forth below:
A lump sum of $15,000.00 payable on February 8, 2040.
A lump sum of $20,000.00 payable on February 8, 2043.
A lump sum of $25,000.00 payable on February 8, 2047.
A lump sum of $35,000.00 payable on February 8, 2049.
A lump sum of $44,936.36 payable on February 8, 2052.
The cost of the annuity described in this section shall neither be greater nor less than $50,000.00.
In the event that the cost of the annuity to be purchased is less than or greater than $50,000.00 on
the purchase date, the actual lump sum payable on February 8, 2052, will be adjusted
accordingly. Should C.W. predecease any of the annuity payments set forth in this section, any
remaining annuity payments shall be made to his estate. In the event that C.W. dies prior to the
completion of the annuity payments described in this section, C.W.’s estate representative will
provide written notice to the Secretary of Health and Human Services and to the Life Insurance
Company within twenty (20) days of C.W.’s death.
These amounts represent all elements of compensation to which C.W. would be entitled
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.
3

Case 1:23-vv-00742-UNJ Document 30 Filed 10/28/24 Page 6 of 7
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.5,6
II. Summary of Recommended Payments Following Judgment
A. A lump sum of $16,028.34 for reimbursement of a Medicaid lien; and
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 Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
5 At the time the annuity payments will be received, C.W. will be an adult, and thus
guardianship is not required.
6 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.
4

Case 1:23-vv-00742-UNJ Document 30 Filed 10/28/24 Page 7 of 7
s/ Katherine Edwards
KATHERINE EDWARDS
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) 742-6374
Katherine.Edwards2@usdoj.gov
Dated: September 25, 2024
5