A.B. v. HHS - Rotavirus, intussusception (2025)
Case summary [AI summaries can sometimes make mistakes]
On January 25, 2021, Savanna and Michael Barton filed a petition on behalf of their son, A.B., alleging that his second rotavirus vaccine dose on March 14, 2018 caused intussusception. A.B. was born on November 13, 2017, making him about four months old at vaccination.
Two days after vaccination, A.B.'s mother called the pediatrician because he was fussy, pale, not eating, had diarrhea, and made a high-pitched cry. Later that day he woke from a short nap screaming, vomited, and had a diaper full of bright red blood.
At the emergency department he had abdominal tenderness, a hard abdominal mass, and guaiac-positive stool. He was transferred by air to Akron Children's Hospital, where ultrasound showed extensive ileocolic intussusception extending to the rectum.
Three air-contrast enema reduction attempts failed. On March 17, 2018, surgeons attempted laparoscopic reduction but converted to an open transverse incision because the intussusception was swollen and difficult to reduce.
The bowel was viable and no resection was required, but the surgery lasted more than four hours. A.B. remained hospitalized until March 22.
After discharge, the record described loose mucous stools, recurrent crying episodes, antibiotic-related diarrhea, intermittent constipation, and later prolonged toileting problems; at a five-year visit he still had alternating loose and hard stools. Respondent conceded Table intussusception, and Special Master Thomas L.
Gowen found entitlement on February 17, 2022. On August 22, 2025, he awarded $100,000.00 for past pain and suffering, $1,170.32 in unreimbursed expenses, and future pain and suffering through an annuity paying $1,000.00 per year for life.
The record before this update did not include the final proffer implementing the annuity.
Theory of causation
Second rotavirus vaccine on March 14, 2018 at age 4 months causing Table intussusception; onset two days later with fussiness, poor intake, pallor, diarrhea, high-pitched cry, vomiting, and bright red bloody stool. ENTITLEMENT CONCEDED; COMPENSATED by damages ruling. Key evidence: ED abdominal mass/guaiac-positive stool; ultrasound extensive ileocolic intussusception to rectum; three failed air enemas; open surgical reduction March 17, 2018; hospitalization until March 22; later loose stools/constipation/toileting issues. Award known: $100,000 past pain/suffering + $1,170.32 expenses + future $1,000/year annuity for life. SM Thomas L. Gowen; petition January 25, 2021; entitlement February 17, 2022; damages August 22, 2025.
Source PDFs
USCOURTS-cofc-1_21-vv-00799