Terrance Monk v. HHS - DTaP, anaphylactic reaction (2018)

Terrance Monk, appearing pro se, filed a petition on January 16, 2018, on behalf of his minor daughter, alleging she suffered an anaphylactic reaction following a DTaP and/or Polio vaccination administered on or about October 16, 2017. The petition stated that within hours of the vaccination, the daughter began feeling faint, turned blue, and experienced swelling in her lips and throat.

She was taken to the emergency room, where anaphylaxis was diagnosed, and Benadryl was prescribed. The petitioner also noted that his daughter presented for follow-up appointments and missed school, which caused hardship.

During an initial status conference held on March 29, 2018, the Special Master granted the petitioner's motion to proceed in forma pauperis. At this conference, Mr.

Monk represented that his daughter fully recovered within days of the vaccination and had no residual issues related to the anaphylactic reaction. The Special Master noted that while both the DTaP and Polio vaccines are listed on the Vaccine Injury Table with anaphylaxis as a potential injury within four hours, the claim failed to meet the statutory severity requirement.

This requirement, outlined in 42 U.S.C. § 300aa-11(c)(1)(D), mandates that residual effects or complications from the injury must persist for more than six months after vaccination. Because the daughter's condition resolved within days, the Special Master dismissed the claim for failure to meet this threshold requirement.

The decision was issued by Special Master Thomas L. Gowen.