Liang Zhao v. HHS - Rotavirus, intussusception (2023)

On May 17, 2019, Liang Zhao, as the parent and natural guardian of G.L., a minor child, filed a petition for compensation under the National Vaccine Injury Compensation Program. G.L. was born on May 17, 2016.

On November 18, 2016, at his six-month well-child visit, G.L. received his third rotavirus vaccine, along with DTaP-Hib-IPV, hepatitis B, and pneumococcal conjugate vaccines. Twelve days later, on November 30, 2016, G.L.'s mother reported he was not eating and was crying.

His vomiting continued, and he developed bloody, "strawberry jelly"-like stool. G.L. was taken to the Children's Hospital of New Orleans, where an abdominal ultrasound revealed intussusception.

A water-soluble contrast enema reduced the intussusception on December 1, 2016. Approximately twelve hours later, G.L. had a recurrence that was also reduced by contrast enema.

He was discharged on December 3, 2016. On December 6, 2016, an ultrasound showed a transient small-bowel intussusception that was resolving on its own.

At a surgical follow-up on December 28, 2016, Dr. David Yu noted that G.L. was tolerating a regular diet with good bowel function.

The petition alleged that G.L. suffered from intussusception after receiving the third rotavirus vaccine. The respondent argued that G.L.'s intussusception did not meet the Vaccine Injury Table criteria for the third dose and that G.L. did not satisfy the Vaccine Act's six-month severity requirement.

Petitioner relied on the opinion of Dr. Thomas Sferra, who opined that G.L.'s later functional constipation was a residual effect of the intussusception.

Respondent's expert, Dr. Chris Liacouras, disagreed, explaining that functional constipation is common in infants and toddlers and is not caused by resolved intussusception without chronic bowel damage.

Treating physicians Dr. Linda DeLessio and Dr.

Catherine Degeeter also informed the family that G.L.'s constipation was not due to his history of intussusception. Special Master Thomas L.

Gowen issued a decision on January 25, 2023, dismissing the petition. He found that the intussusception episodes resolved within days, that the contrast enemas were non-surgical interventions, and that the medical records did not show residual effects or complications lasting more than six months.

No compensation was awarded. Petitioner was represented by Maximillian J.

Muller of Muller Brazil, LLP, and respondent was represented by Felicia Langel.