Jose Wilson Rojas Guzman v. HHS - Influenza, anaphylaxis, rash, autoimmune hepatitis, and/or exacerbation of hepatitis (2023)

Jose Wilson Rojas Guzman, a 37-year-old adult, received a trivalent influenza vaccine on October 17, 2018. He alleged that this vaccination caused anaphylaxis, a rash, autoimmune hepatitis, and/or an exacerbation of hepatitis.

His past medical history included esophagitis, GERD, allergic rhinitis, liver steatosis, and hepatitis C. Approximately a week after vaccination, he presented to the hospital with flu-like symptoms, which the medical records later attributed to a coccidioidomycosis infection.

Petitioner's treating physician noted elevated liver enzymes, attributing them to his existing hepatitis C, and diagnosed pneumonia. Petitioner's VAERS report mentioned symptoms like fever, body aches, headache, difficulty breathing, and a painful rash on his feet occurring a couple of hours after the flu shot.

However, the medical records did not contain a diagnosis of anaphylaxis or autoimmune hepatitis. The rash observed was not shown to persist for six months, failing the severity requirement for compensation.

Furthermore, the medical records indicated his hepatitis C was a chronic, ongoing condition, and his hospital stay was attributed to coccidioidomycosis, not a vaccine-aggravated hepatitis. The court found insufficient evidence in the medical records to support Petitioner's claims of anaphylaxis, autoimmune hepatitis, or a significant aggravation of his hepatitis C.

The rash also did not meet the statutory severity requirement. Consequently, the court dismissed the petition for failure to meet the burden of proof.