Gladys Guzman v. HHS - Influenza, cutaneous vasculitis (2019)
Case summary [AI summaries can sometimes make mistakes]
Gladys Guzman filed a petition alleging that she developed cutaneous vasculitis due to receiving an influenza vaccine on February 18, 2014. She reported a rash appearing about 48 hours after vaccination, which persisted intermittently for several months.
Her expert, Dr. Axelrod, opined that the vaccine caused chronic urticaria, a subset of cutaneous vasculitis, through an idiotype network theory.
Respondent's expert, Dr. Levinson, disagreed, stating that Ms.
Guzman did not have vasculitis or chronic urticaria, and that the vaccine was not the cause. Dr.
Levinson argued that the petitioner's rash was likely an allergic reaction or due to other sensitivities, and that the medical literature did not support a causal link between the flu vaccine and vasculitis or chronic urticaria. The court found that Ms.
Guzman did not establish that she suffered from vasculitis or chronic urticaria, and that her symptoms were not definitively caused by the vaccine. The court also found that the medical theory presented by Dr.
Axelrod was not sufficiently supported by reliable scientific or medical evidence. Therefore, Ms.
Guzman's petition for entitlement was denied.
Source PDFs
USCOURTS-cofc-1_15-vv-00736