New Final Rule Adds Intussusception as Compensable Vaccine Injury

Parents of infants who experienced an intussusception after receiving the Rotashield rotavirus vaccine will find it easier to receive compensation from the National Vaccine Injury Compensation Program (VICP) (http://www.hrsa.gov/osp/vicp) under a new final rule from HHS’ Health Resources and Services Administration.

The rule, printed in the July 25 Federal Register ( http://www.access.gpo.gov/nara/index.html), adds intussusception -- a type of bowel obstruction that occurs when the bowel folds in on itself -- to the list of injuries for which the VICP will pay compensation and explains criteria that affected individuals must meet to receive compensation.  Parents of infants who meet these criteria should file claims with the VICP. The effective date of the rule is Aug. 26, 2002.

The Food and Drug Administration licensed the Rotashield vaccine for use in infants on Aug. 31, 1998, and distribution began Oct. 1, 1998.  A series of reports to the Vaccine Adverse Event Reporting System found that some infants developed intussusception after receiving the vaccine.  The Centers for Disease Control and Prevention then recommended that health care providers and parents postpone use of Rotashield; shortly thereafter, the company voluntarily withdrew Rotashield from the market.

The final rule also adds pneumococcal conjugate vaccine as a separate category of covered vaccines, with no injury or condition specified, and makes other technical modifications to the Vaccine Injury Table ( http://www.hrsa.gov/osp/vicp/table.htm). The table lists vaccines covered under the compensation program along with the specific injuries or medical conditions and the time frames in which they must occur after vaccine administration.

Congress created the VICP in 1986 to provide financial compensation to individuals who are injured by childhood vaccines, as an alternative to traditional civil litigation. For eligible individuals, the VICP allows compensation for medical expenses, pain and suffering, and lost wages.  In addition, individuals may be awarded compensation for attorneys’ fees and costs.

For more information on the VICP, call 1-800-338-2382.

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