{"package_id":"USCOURTS-cofc-1_17-vv-00203","decision_granule_id":"USCOURTS-cofc-1_17-vv-00203-2","petitioner_identifier":"L.P.","is_minor":1,"age_at_vaccination":0.164,"age_unit_raw":"years (two months; source states age)","vaccine_type":"DTaP and rotavirus","vaccination_date":"2014-02-11","condition_raw":"gastrointestinal injuries / unsupported significant-aggravation claim","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2017-11-21","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:48:07.342535+00:00","number_of_concurrent_vaccines":2,"dose_number":null,"time_to_onset_days":1,"theory_of_causation":"Petitioner Mary Petty, on behalf of her infant son L.P., alleged that DTaP and rotavirus vaccines administered on February 11, 2014, at two months of age, caused gastrointestinal injuries and subsequent complications. The petition was dismissed by Special Master Laura D. Millman on November 21, 2017, upon petitioner's motion, due to insufficient proof and lack of a medical expert opinion. Pre-vaccination records showed L.P. had GERD, green stools, fussiness, and gas. Post-vaccination, L.P. experienced vomiting and diarrhea, which the Special Master found did not last more than six months. Later gastrointestinal issues were evaluated against pre-existing conditions. Petitioner's subsequent request for attorneys' fees and costs was denied by the Special Master and affirmed by Senior Judge Victor J. Wolski on October 23, 2020, who found no reasonable basis for the claim, noting that a looming statute of limitations deadline did not establish such a basis. Attorneys for petitioner were Amy A. Senerth and Muller Brazil, LLP. Respondent was represented by Ilene C. Albala and later Voris E. Johnson, Jr., et al. No compensation or fees were awarded.","is_death":0,"date_of_death":null,"petition_filed_date":"2017-02-10","case_summary":"On February 10, 2017, Mary Petty, as parent and natural guardian of her infant son L.P., filed a petition under the National Childhood Vaccine Injury Act. The petition alleged that the diphtheria-tetanus-acellular pertussis (DTaP) and rotavirus vaccines administered on February 11, 2014, when L.P. was two months old, caused gastrointestinal injuries and subsequent complications. Petitioner was represented by Amy A. Senerth. Respondent was represented by Ilene C. Albala.\n\nPre-vaccination medical records indicated that L.P. had experienced gastrointestinal issues. On December 26, 2013, his mother reported green stools, fussiness, and gas after feedings. By January 10, 2014, L.P. was excessively fussy, uncomfortable after feedings, cried for feedings, spat up, had wet burps, and arched during feedings. He was diagnosed with gastroesophageal reflux disease (GERD). On January 29, 2014, L.P. was still uncomfortable, spitting up, gassy, and had a speck of blood in his diaper. He was treated with Zantac and Pepcid, and his mother adjusted her diet. Dr. Tracy Lim diagnosed GERD and suggested dietary changes for the breastfeeding mother.\n\nOn February 11, 2014, L.P. was doing better, not spitting up or being fussy, and received the DTaP and rotavirus vaccines. The following evening, L.P. was taken to the Cleveland Clinic emergency department for vomiting, choking, lethargy, decreased appetite, and green liquid stool. An examination revealed L.P. was active and alert with no abdominal distention, tenderness, or guarding, and a pyloric ultrasound was normal. Dr. Brian P. Wood diagnosed nausea and/or vomiting. By February 13, vomiting had stopped, though fussiness and loose stools continued. Dr. Lim diagnosed fussiness, diarrhea, and GERD, suggesting L.P. might have had a viral illness.\n\nLater medical records showed varied symptom duration and significance. A March 13, 2014 note stated vomiting and diarrhea lasted one day, and green diarrhea lasted two weeks. At an April 16, 2014 visit, L.P.'s elimination and sleep were normal, though stool testing showed blood. Gastroenterologist Dr. Rita Steffen discussed reflux, cow's milk protein allergy, and the natural history of infant reflux, noting negative abdominal imaging. In November 2015, an allergist recorded a history that L.P. had diarrhea for six months after his two-month immunizations, but other records indicated he had not experienced continued diarrhea, failure to thrive, or severe infections after the alleged vaccine reaction. Various other specialists, including Dr. Rajeev Kishore, Dr. Sara M. Bohac, CNP Lydia Glaude, Dr. Mona G. Rifka, Dr. Jaclyn Bjelac, Dr. Thomas E. Phelps, and Dr. Lori Mahajan, evaluated L.P. for various gastrointestinal, allergic, and respiratory issues over the following years.\n\nOn November 20, 2017, petitioner filed a Motion for a Decision Dismissing her Petition, stating she would be unable to prove entitlement to compensation and that proceeding further would be unreasonable. Special Master Laura D. Millman granted the motion and dismissed the petition on November 21, 2017, finding that the medical records did not support the allegations and that petitioner had not filed a medical expert opinion. Special Master Millman noted that the records did not show a vaccine injury lasting more than six months and that, given L.P.'s pre-existing GERD and feeding issues, petitioner would need to allege significant aggravation and show substantial deterioration.\n\nPetitioner subsequently sought attorneys' fees and costs. Special Master Millman denied the request, finding no reasonable basis for the claim. Senior Judge Victor J. Wolski reviewed this denial. On October 23, 2020, Judge Wolski issued an opinion sustaining the Special Master's denial. The court held that the medical records did not support the claim that L.P.'s immediate vomiting and diarrhea lasted six months, that later gastrointestinal complaints had to be evaluated against pre-existing GERD and feeding issues, and that a looming statute-of-limitations deadline did not create a reasonable basis for an otherwise unsupported claim. No compensation or fees were awarded.","is_minor_inferred":0,"is_pediatric_broad":1,"special_master":"Laura D. Millman","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Amy A. Senerth","petitioner_attorney_firm":"Muller Brazil, LLP","petitioner_attorney_location":"Dresher, PA","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|amy-senerth|","firm_canonical_key":"muller-brazil","package_title":"PETTY et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00203","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00203.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00203.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_17-vv-00203-0","title":"PETTY et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 11/21/2017) regarding 18 DECISION of Special Master Signed by Special Master Laura D Millman. (tlf) Service on parties made.","date_issued":"2017-12-18","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_17-vv-00203/granules/USCOURTS-cofc-1_17-vv-00203-0/pdf","pdf_bytes":265219,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_17-vv-00203/USCOURTS-cofc-1_17-vv-00203-0"},{"granule_id":"USCOURTS-cofc-1_17-vv-00203-1","title":"PETTY et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 1/30/2018) regarding 26 DECISION of Special Master - Fees Signed by Special Master Laura D Millman. (tlf) Service on parties made.","date_issued":"2018-02-26","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"},{"granule_id":"USCOURTS-cofc-1_17-vv-00203-2","title":"PETTY et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"JUDGE VACCINE REPORTED OPINION re: 34 Order on Motion for Review, Judge Vaccine Order/Opinion Signed by Senior Judge Victor J. Wolski. (jad) Service on parties made.","date_issued":"2020-10-23","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_17-vv-00203/granules/USCOURTS-cofc-1_17-vv-00203-2/pdf","pdf_bytes":314576,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'opinion'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_17-vv-00203/USCOURTS-cofc-1_17-vv-00203-2"}]}