What is Rotavirus?

The rotavirus is a contagious virus found in an infected person’s stool, which commonly causes diarrhea and vomiting, especially in children. Older adults with weakened immune systems and adults caring for young children have an increased risk of becoming infected with rotavirus. Individuals afflicted with rotavirus can also display fever and stomach pain, and the loss of fluids from diarrhea, vomiting, or loss of appetite can lead to dehydration. If untreated, dehydration can become a life-threatening condition. The rotavirus infection spreads easily through hand-to-mouth contact, and the virus can remain infectious on non-disinfected surfaces for weeks or months. In addition to basic sanitary measures such as thorough handwashing following diaper changes or toilet usage, immunizing against rotavirus is considered a safe and effective means of preventing children from developing rotavirus every year. The CDC recommends that babies receive one of the two available rotavirus vaccines, which are RotaTeq® (RV5) (given in three doses at ages 2 months, 4 months, and 6 months) or Rotarix® (RV1) (given in two doses at ages 2 months, and 4 months).

What Are the Adverse Effects of the Rotavirus Vaccine?

The rotavirus vaccine protects babies from developing diarrhea, vomiting, and stomach pain caused by the rotavirus. As with any vaccine, there can be side effects, but they are usually mild, such as fussiness, diarrhea and vomiting. A more serious risk that can occur is intussusception, which occurs when the vaccine causes a part of the intestine to fold back on itself, resulting in possibly life-threatening intestinal blockage. Children who have had intussusception are more likely to have it again after receiving the rotavirus vaccine and as such, the U.S. Food and Drug Administration recommends that the rotavirus vaccine not be given to children who have a history of intussusception.

The National Vaccine Injury Compensation Program (VICP) is a federal program that was created to compensate people who may have been injured by certain vaccines. A person that suffers an injury following the administration of the rotavirus vaccine and meets the requirement of developing a specific injury within a certain time period, may be able to file a claim in the VICP. The Vaccine Compensation Injury Table identifies the following injury and time frame for a person that receives the rotavirus vaccine:

• Intussusception, onset within 1-21 days (not less than 1 day and not more than 21 days) of vaccination.

If a person meets these requirements, it will likely be presumed that the vaccine caused the injury. However, persons who do not meet the Table parameters may still be eligible for compensation if expert testimony can substantiate the causal link between the vaccine and the injury.

What Compensation Is Available for a Vaccine Injury?

To be compensable, the vaccine-related injury must be present for at least six months. Injury must either be listed on the table of vaccine injuries and fit into these specific symptoms and timeframes, or the petitioner must show through medical evidence that the injury was more likely than not caused by the vaccination. If a patient establishes that the vaccine likely caused their injury, compensation can be awarded for medical and rehabilitative expenses, pain and suffering, lost earnings, and a death benefit if there was a fatal event. However, damages for past and future pain and suffering are limited to a maximum amount of $250,000.

Why Contact an Experienced Vaccine Attorney?

An experienced vaccine attorney admitted to the Court of Federal Claims is important for someone who may have been injured by a vaccination. Knowledge about the National Vaccine Injury Compensation Program (VICP) process and knowing the medical proofs required to obtain compensation are critical to success. There may be complex medicine and immunology issues that must be analyzed and proven in a claim for a rotavirus vaccine injury. The Program has strict criteria for proving a vaccine injury that requires legally- and medically complex documentation, and this is best handled by attorneys who have experience in the VICP.

Contact us today if you need to speak with an experienced vaccine attorney!