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In 2002, the Department of Health & Human Services (HHS) added intussusception to the list of compensable vaccine injuries on its Vaccine Injury Compensation Table. If an injury is listed on the Table, there is a strong presumption that the vaccine caused the injury, so long as the injury occurred within the specified timeframe.
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What are the requirements for filing an intussusception claim?
Generally, to receive compensation from the Vaccine Injury Compensation Program (VICP), you or a loved one must have received a rotavirus vaccine, resulting in injury from intussusception after 24 hours or more. To receive compensation based on the Vaccine Table, the intussusception must have occurred no longer than 21 days after a first or second inoculation with rotavirus vaccine.
HHS explains why intussusception after a third injection is not included in the Vaccine Injury Table:
The definition for presumption of vaccine causation only applies to the first and second dose of vaccine, and excludes intussusception occurring with or after the third dose. The third dose of rotavirus vaccines lacks sufficient evidence showing risk.
How is intussusception defined for purposes of a vaccine-injury claim?
The Vaccine Injury Table defines intussusception as:
the invagination of a segment of intestine into the next segment of intestine, resulting in bowel obstruction, diminished arterial blood supply, and blockage of the venous blood flow. This is characterized by a sudden onset of abdominal pain that may be manifested by anguished crying, irritability, vomiting, abdominal swelling, and/or passing of stools mixed with blood and mucus.
What does invagination mean?
When the Vaccine Table describes intussusception as an “invagination” of the intestine, it means that the bowel folds in on itself. From the Latin “vagus,” meaning wandering or migrating, an invagination of the intestine involves a segment of the intestine migrating out of place by pushing itself inside another segment of bowel.
Stanford Children’s Hospital describes invagination as:
a portion of the intestine folds like a telescope, with one segment slipping inside another segment. It can occur in the colon, the small bowel, or between the small bowel and colon.
Children with intussusception may be inconsolable and in extreme pain, or they may experience bouts of abdominal pain only intermittently.
What paperwork will an attorney need to file an intussusception claim?
Your VICP attorney will need childhood medial records, vaccination records, family history of bowel illnesses, the paperwork with the official diagnosis of intussusception from a doctor, and the results of any tests that were run to confirm intussusception (such as an abdominal xray, ultrasound, upper GI series, or barium enema). Your vaccine-injury attorney may also need to discuss with you all the negative health effects, medical costs, and emotional impacts that resulted from the intussusception.
Why might an intussusception claim not receive VICP compensation?
An intussusception claim for compensation from the federal VICP program might fail because the intussusception did not occur within the 1-21 day window of the rotavirus vaccine. It might not succeed if the child had a congenital bowel abnormality that could explain the intussusception, or if the child had a genetic condition that may also explain the intussusception (such as cystic fibrosis, celiac disease, or Kawasaki disease).
Our Intussusception Claim Attorneys
Amy Zeman represents clients in a wide variety of class actions and medical mass torts, including individuals harmed by transvaginal mesh and a variation of different birth control pills.
Steve Lopez represents consumers, employees, and whistleblowers harmed by corporate misconduct. He has prosecuted a variety of consumer protection and complex employment cases.
Gibbs Law Group is a California-based law firm committed to protecting the rights of clients nationwide who have been harmed by corporate misconduct. We represent individuals, whistleblowers, employees, and small businesses across the U.S. against the world’s largest corporations. Our award-winning lawyers have achieved landmark recoveries and over a billion dollars for our clients in high-stakes class action and individual cases involving consumer protection, data breach, digital privacy, and federal and California employment lawsuits. Our attorneys have received numerous honors for their work, including “Top Plaintiff Lawyers in California,” “Top Class Action Attorneys Under 40,” “Consumer Protection MVP,” “Best Lawyers in America,” and “Top Cybersecurity/ Privacy Attorneys Under 40.”
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