Rebecca Viancourt v. HHS - Influenza, anaphylaxis (2023)

Rebecca Viancourt filed a petition alleging she suffered anaphylaxis as a result of an influenza vaccine administered on October 2, 2017. She claimed that she experienced recurrent episodes of anaphylaxis following the initial reaction.

The respondent argued that the petitioner failed to establish that she suffered residual effects or complications of her injury for more than six months, a requirement for compensation under the Vaccine Act. The court noted that while the petitioner experienced an anaphylactic reaction shortly after the vaccine, which is a Table injury, she did not sufficiently demonstrate that subsequent symptoms were causally linked to this initial event and persisted for the required six-month duration.

Two of her treating allergists were unwilling to link the vaccine to her recurrent anaphylaxis, and another could not determine a cause for her episodes. The court found Dr.

Knauer's affidavit, which stated the vaccine was the likely cause of her ongoing episodes, to be conclusory and lacking substantiation. Because the petitioner failed to meet the severity requirement by showing a causal link between the initial injury and subsequent symptoms lasting over six months, her claim was dismissed.

The petition was filed on December 14, 2022, and the decision was issued on January 17, 2023.