Allison Boman v. HHS - Rotavirus, intussusception (2016)
Case summary [AI summaries can sometimes make mistakes]
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.
Theory of causation
Petitioner alleged that the rotavirus vaccine administered on January 25, 2013, to R.B., then approximately seven weeks old, caused intussusception. The respondent argued that R.B. did not suffer residual effects for more than six months post-vaccination and did not require surgical intervention. Medical records showed R.B. experienced symptoms consistent with intussusception, including vomiting and blood-streaked stools, and was hospitalized for evaluation. However, imaging studies were negative for intussusception, and his symptoms were attributed to other causes like constipation or milk protein allergy. R.B. did not undergo surgery. The Special Master noted that while the Vaccine Injury Table was amended to include intussusception after rotavirus vaccine, this amendment was not applicable to petitions filed before July 23, 2015. The petitioner was given an opportunity to obtain an expert report to establish the six-month residual effects requirement but failed to do so. The Special Master found that the petitioner did not meet the statutory requirements of prolonged residual effects or surgical intervention, leading to the denial of the petition. Petitioner counsel was Donald Gerstein and Richard Gage, PC. Respondent counsel was Claudia Gangi. Chief Special Master Nora Beth Dorsey issued the decision on May 16, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-00256