Weber v. Secretary of Health and Human Services

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. 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