SDW v. HHS - MMR, significant aggravation of esophagitis (2015)

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.