P.D. v. HHS - Rotavirus, intussception, hepatic flexure, and appendicitis (2015)

On February 23, 2015, Jeff and Cynthia Davis, as legal representatives of their minor child P.D., filed a petition for compensation under the National Vaccine Injury Act. They alleged that P.D. suffered intussception, hepatic flexure, and appendicitis as a result of rotavirus vaccines received on May 10, 2011, July 8, 2011, and September 16, 2011.

The respondent filed a report on October 15, 2014, stating that the case was not appropriate for compensation because the petitioners failed to provide sufficient medical evidence to establish a logical cause-and-effect relationship between the vaccinations and the alleged injuries. Subsequently, on February 13, 2015, the petitioners filed a motion for a dismissal decision, acknowledging that they would be unable to prove entitlement to compensation.

Special Master Nora Beth Dorsey noted that to receive compensation, petitioners must prove either a Table Injury or that the vaccine actually caused the injury. The public decision does not describe evidence of a Table Injury, nor does it include a medical expert's opinion or other persuasive evidence of causation.

The public decision does not describe the onset, symptoms, specific medical tests, or treatments for P.D.'s condition. Consequently, the petition was dismissed for insufficient proof.

The attorneys involved were Jeremy Zivko Soso for the petitioners and Lara Ann Englund for the respondent. The decision was issued by Special Master Nora Beth Dorsey on March 16, 2015.