Jennifer Lugo v. HHS - Rotavirus, ileoileal intussusception (2018)

Jennifer Lugo filed a petition on February 27, 2017, on behalf of her minor child, K.L., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that the rotavirus vaccine caused K.L. to develop ileoileal intussusception.

To be eligible for compensation, the petitioner was required to demonstrate either that K.L. suffered an injury listed on the Vaccine Injury Table corresponding to the vaccination, or that the injury was actually caused by the vaccine. The Special Master's decision noted that the record did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence to establish that K.L.'s alleged ileoileal intussusception was vaccine-caused or vaccine-related.

The decision emphasized that claims must be supported by medical records or a physician's opinion. In this case, the record did not contain sufficient medical records, nor did it include a medical opinion supporting a finding of entitlement.

Consequently, Special Master Mindy Michaels Roth dismissed the case for insufficient proof. The decision was issued on September 7, 2018.

Petitioner was represented by Shneur Nathan, Esq., and respondent was represented by Jennifer Reynaud, Esq.