VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01785 Package ID: USCOURTS-cofc-1_23-vv-01785 Petitioner: L.M. Filed: 2023-10-11 Decided: 2024-10-23 Vaccine: rotavirus Vaccination date: 2021-07-29 Condition: intussusception Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Brooke Young, as the natural guardian of her minor child L.M., filed a petition for compensation under the National Vaccine Injury Compensation Program on October 11, 2023. Petitioner alleged that L.M. suffered an intussusception injury after receiving a rotavirus vaccine on July 29, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that L.M.'s intussusception met the criteria set forth in the Vaccine Injury Table and its accompanying Qualifications and Aids to Interpretation. The respondent further concluded that the injury resulted in inpatient hospitalization and surgical intervention, satisfying all legal prerequisites for compensation under the Act. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Petitioner is entitled to compensation. The decision on entitlement was issued on October 23, 2024, with the award amount pending. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Margaret Armstrong of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner L.M. alleged an intussusception injury following a rotavirus vaccination on July 29, 2021. The respondent conceded that the intussusception met the criteria set forth in the Vaccine Injury Table and its accompanying Qualifications and Aids to Interpretation, and that the injury resulted in inpatient hospitalization and surgical intervention, satisfying all legal prerequisites for compensation. The theory of causation is based on the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 23, 2024, granting entitlement pending a damages award. Petitioner was represented by Paul R. Brazil, and the respondent was represented by Margaret Armstrong. The public text does not name specific experts or detail the mechanism of injury beyond the Table criteria. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01785-0 Date issued/filed: 2024-11-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/23/2024) regarding 26 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01785-UNJ Document 27 Filed 11/22/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1785V BROOKE YOUNG, as natural guardian of L.M., Chief Special Master Corcoran Petitioner, v. Filed: October 23, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 11, 2023, Brooke Young, as natural guardian of her minor child L.M., filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. (the “Vaccine Act”). Petitioner alleges that 1 following L.M.’s receipt of a rotavirus vaccine on July 29, 2021, L.M. suffered an intussusception injury as listed on the Vaccine Injury Table. Petition at Preamble. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters. On October 23, 2024,Respondent filed his Rule 4(c) report in which he concedes that Petitioner, on behalf of L.M., is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.Specifically, Respondent has concluded that L.M.’s intussusception meets the criteria set forth in the Vaccine Injury Table (the “Table”) and the accompanying Qualifications and Aids to Interpretation (the “QAI”). Id. at 6 (citing 42 C.F.R. §§ 100.3(a)(XI), (c)(4). Respondent has also concluded that L.M.’s intussusception “resulted in inpatient hospitalization and surgical intervention,” and the claim satisfies all legal 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. Case 1:23-vv-01785-UNJ Document 27 Filed 11/22/24 Page 2 of 2 prerequisites for compensation under the Act. Id. at 6 – 7 (citing Vaccine Act Section 11(c)(1)(D)(iii)). 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-01785-cl-extra-10749000 Date issued/filed: 2024-11-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10282412 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1785V BROOKE YOUNG, as natural guardian of L.M., Chief Special Master Corcoran Petitioner, v. Filed: October 23, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 11, 2023, Brooke Young, as natural guardian of her minor child L.M., filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.1 (the “Vaccine Act”). Petitioner alleges that following L.M.’s receipt of a rotavirus vaccine on July 29, 2021, L.M. suffered an intussusception injury as listed on the Vaccine Injury Table. Petition at Preamble. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters. On October 23, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner, on behalf of L.M., is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent has concluded that L.M.’s intussusception meets the criteria set forth in the Vaccine Injury Table (the “Table”) and the accompanying Qualifications and Aids to Interpretation (the “QAI”). Id. at 6 (citing 42 C.F.R. §§ 100.3(a)(XI), (c)(4). Respondent has also concluded that L.M.’s intussusception “resulted in inpatient hospitalization and surgical intervention,” and the claim satisfies all legal 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. prerequisites for compensation under the Act. Id. at 6 – 7 (citing Vaccine Act Section 11(c)(1)(D)(iii)). 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