SDW v. HHS - MMR, significant aggravation of esophagitis (2015)
Case summary [AI summaries can sometimes make mistakes]
On May 7, 2015, Sholom and Yonit Wolman filed a petition on behalf of their son, SDW, alleging that the Haemophilus influenzae type B (Hib), measles-mumps-rubella (MMR), pneumococcal (Prevnar), and varicella vaccines administered on June 11, 2012, significantly aggravated his pre-existing esophagitis. SDW was born on June 9, 2011.
Prior to vaccination, SDW had a history of atopic dermatitis, eczema, food allergy concerns, and gastrointestinal symptoms, including daily vomiting since he was four months old. He had been evaluated by Dr.
Mary Georgy in January 2012 for a rash and possible food allergy contribution, and by Dr. Jonathan Spergel in March 2012 for eczema, food allergies, and vomiting, who diagnosed GERD and suggested an upper gastrointestinal evaluation.
In March 2013, Dr. Marcos Alfie, a pediatric gastroenterologist, diagnosed gastrointestinal symptoms stemming from partially treated food allergies, noting daily vomiting and poor weight gain.
The medical records did not establish a marked vaccine-related worsening of his pre-existing gastrointestinal condition following the June 11, 2012 vaccinations. The petitioners did not file an expert medical report to support their claim of significant aggravation.
Special Master Laura D. Millman granted the petitioners' motion for a ruling on the record and dismissed the case on September 18, 2015.
She held that the Vaccine Act requires claims to be substantiated by medical records or expert opinion, and that the petitioners had not proven by a preponderance of the evidence that the vaccines significantly aggravated SDW's pre-existing condition. No compensation was awarded.
Petitioners were represented by John F. McHugh, and respondent was represented by Christine M.
Becer.
Theory of causation
Petitioners alleged that Hib, MMR, Prevnar, and varicella vaccines administered on June 11, 2012, to 1.01-year-old SDW significantly aggravated his pre-existing esophagitis and gastritis. SDW was born June 9, 2011, and had a history of daily vomiting since four months of age, diagnosed as GERD and gastrointestinal symptoms stemming from partially treated food allergies, with evaluations by Dr. Mary Georgy, Dr. Jonathan Spergel, and Dr. Marcos Alfie prior to vaccination. The medical records did not indicate a significant worsening of his condition post-vaccination. Petitioners did not file an expert medical report to support their claim. Special Master Laura D. Millman dismissed the case on September 18, 2015, ruling on the record, finding that the petitioners failed to meet their burden of proof under the Vaccine Act, as the claim was unsubstantiated by medical records or expert opinion, and no evidence demonstrated a significant aggravation of the pre-existing condition. No award was made. Petitioners' attorney was John F. McHugh.
Source PDFs
USCOURTS-cofc-1_15-vv-00466