Alina Derkach v. HHS - DTaP, bowel obstruction/intussusception, NEC, short gut syndrome, complications, and death (2025)

Filed 2017-11-01Decided 2025-12-04Vaccine DTaP
denieddeath

Case summary [AI summaries can sometimes make mistakes]

On November 1, 2017, Alina Derkach filed a petition on behalf of her minor son, E.E.D., alleging that vaccines administered on November 5, 2014 caused bowel obstruction or intussusception and the cascade of abdominal complications that followed. E.E.D. was 69 days old when he received Rotarix, Pediarix, and Hib vaccines.

Several days later, he developed serious gastrointestinal symptoms and was ultimately treated for bowel obstruction, necrotizing enterocolitis, adhesions, surgical complications, and short gut syndrome. He later died on November 4, 2023.

The case proceeded as an off-Table claim. Petitioner relied on Dr.

John Santoro, who linked the live oral rotavirus vaccine to an intussusception or bowel-injury process. Respondent disputed both the medical theory and the case-specific sequence, arguing that the record did not establish that the vaccinations caused the bowel disease and subsequent complications.

Special Master Daniel T. Horner denied entitlement on March 27, 2025.

The Court of Federal Claims later reviewed the case and sustained the denial on December 4, 2025. No compensation was awarded.

The public record is extensive on the medical and causation dispute, but the outcome turned on failure to prove vaccine causation by a preponderance of the evidence.

Theory of causation

Rotarix, Pediarix (DTaP/Hep B/IPV), and Hib on November 5, 2014, age 69 days, alleged to cause intussusception/bowel obstruction with NEC, adhesions, surgical complications, short gut syndrome, and later death. DENIED. Petitioner Alina Derkach relied on Dr. John Santoro and an off-Table rotavirus/intussusception theory. Respondent disputed diagnosis, mechanism, and case-specific sequence. Special Master Horner denied entitlement on March 27, 2025, and Judge Carolyn N. Lerner denied review and sustained the decision on December 4, 2025.

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