Rusty Ross Alto v. HHS - Influenza, anaphylaxis or some form of respiratory and cardiac injury (2026)
Case summary [AI summaries can sometimes make mistakes]
Rusty Ross Alto filed a petition for compensation on November 1, 2021, alleging he suffered anaphylaxis or a respiratory and cardiac injury after receiving an influenza vaccine on October 31, 2018. The Chief Special Master found that while Petitioner likely received the vaccine, he failed to establish a Table claim for anaphylaxis.
The medical records did not support the diagnosis of anaphylaxis, and Petitioner's treating physicians did not link his symptoms to the vaccine. Furthermore, the court determined that Petitioner had not met the six-month severity requirement, as his alleged subsequent conditions, such as high blood pressure and vitreous hemorrhaging, were not causally linked to the vaccination and were likely due to pre-existing conditions like diabetes and hypertension.
The claim for Table anaphylaxis was dismissed, and Petitioner was ordered to show cause why the claim should not be dismissed for failing to meet the six-month severity requirement, with a deadline to file additional evidence by January 9, 2026.
Source PDFs
USCOURTS-cofc-1_21-vv-02116