Allison Boman v. HHS - Rotavirus, intussusception (2016)

On March 12, 2015, Allison Boman filed a petition on behalf of her minor child, R.B., alleging that the rotavirus vaccine administered on January 25, 2013, caused R.B. to develop intussusception. R.B. was approximately seven weeks old at the time of vaccination.

Petitioner reported that R.B. experienced vomiting and blood-streaked stools shortly after vaccination. Medical records indicate R.B. was hospitalized on two occasions for evaluation of possible intussusception.

During these hospitalizations, imaging studies were negative for intussusception, and his symptoms reportedly resolved spontaneously or were attributed to constipation or milk protein allergy. The medical records indicated that R.B. did not undergo surgical intervention for his condition.

The respondent argued that the claim should be dismissed because R.B. did not suffer residual effects of the alleged injury for more than six months after vaccination, nor did he require surgical intervention. Petitioner contended that ongoing constipation and gastrointestinal issues constituted residual effects.

The court noted that the Vaccine Injury Table was amended to include intussusception following rotavirus vaccine, but this change was not applicable to petitions filed before July 23, 2015. The court afforded the petitioner an opportunity to obtain an expert report to support her claim that the injury lasted more than six months, but no such report was filed.

Ultimately, the court found that the petitioner failed to meet the statutory requirements for compensation, specifically the six-month residual effects or surgical intervention criteria, and therefore denied the petition. The decision was issued by Chief Special Master Nora Beth Dorsey.