P.H. v. Secretary of Health and Human Services, 14-1112

Petitioner Ashley Puroll filed a Vaccine Program petition on behalf of her son P.H. alleging that a rotavirus vaccine administered on August 12, 2014 caused P.H.’s intussusception that required surgery.
The case was assigned to the Special Processing Unit.
On June 10, 2015, Respondent filed a Rule 4(c) report and proffer conceding causation and entitlement, stating the vaccine caused P.H.’s intussusception, the timing was appropriate, and no alternate cause was identified.
Respondent proposed compensation: $36,000.00 for pain and suffering and $23,070.45 to satisfy a Michigan Medicaid lien (total $59,070.45); Petitioner agreed.
A damages decision was issued June 11, 2015, but was withdrawn after Petitioner moved for reconsideration due to subsequent complications; the parties then sought resolution of entitlement so the case could proceed to damages.
On October 12, 2016, both parties agreed the Special Master should rule on entitlement; Respondent maintained its concession and had no objection to an entitlement finding.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement / causation: whether the rotavirus vaccine caused P.H.’s intussusception	Vaccine caused intussusception requiring surgery; statutory requirements satisfied	Conceded causation and that statutory/jurisdictional requirements are met	Entitlement granted based on Respondent's concession and the record; Petitioner entitled to compensation
Statutory requirements / damages-phase jurisdiction (e.g., hospitalization/surgery, Medicaid lien)	Hospitalization and surgery satisfy §11(c)(1)(D)(i); agreed damages and lien satisfaction proposed	Agreed the jurisdictional/statutory criteria are satisfied; proposed damages and lien payment	Court found statutory/jurisdictional requirements satisfied and ordered entitlement; damages to be resolved consistent with prior proffer/negotiation

None (opinion did not cite cases with official reporter citations).