Rosa Soto Galvan v. HHS - unclear, anaphylaxis and related complications, including serum sickness-like syndrome (2021)

Rosa Soto Galvan received hepatitis A, hepatitis B, influenza, and pneumococcal conjugate vaccines on September 26, 2018. Within hours, she experienced symptoms including nausea, vomiting, abdominal pain, chest pain, headache, dizziness, and swelling in her right hand and knee, along with cellulitis on her right forearm.

She was hospitalized from September 26 to October 1, 2018, with an initial diagnosis of 'other complications following immunization, not elsewhere classified' and a discharge diagnosis of 'post-vaccination fever.' During her hospitalization, she underwent an arthrocentesis of her right knee to remove fluid due to swelling and pain. Galvan filed a petition alleging anaphylaxis and serum sickness-like syndrome, claiming the arthrocentesis constituted a surgical intervention that met the Vaccine Act's severity requirement.

The Secretary moved to dismiss, arguing that arthrocentesis was not a surgical intervention. The Special Master agreed, finding that arthrocentesis, while an intervention, was not a surgical procedure and therefore Galvan failed to meet the severity requirement.

The court affirmed this decision on review, finding it was not arbitrary, capricious, or otherwise not in accordance with law. The petition was dismissed.