Alicia Skinner-Smith v. HHS - Tdap, cellulitis (2023)

Alicia Skinner-Smith filed a petition alleging that the Tdap vaccine she received on February 6, 2012, caused her to suffer an abscess, pain, and related chronic injuries. Initially, the case was dismissed by Special Master Millman for violating Section 11(a)(5)(B) of the Vaccine Act, as she determined that a prior Louisiana medical review panel proceeding constituted a pending civil action.

However, this decision was reversed on review by the Court of Federal Claims, which remanded the case for further proceedings. After multiple Special Masters and extensive litigation, including expert reports and hearings, Special Master Horner issued a Ruling on Entitlement on August 15, 2022.

This ruling found that the petitioner was entitled to compensation for a local cellulitis injury but not for her alleged broader chronic injury, such as Chronic Fatigue Syndrome (CFS). Subsequently, a Ruling on Damages was issued on March 22, 2023, awarding $10,125.00 for past pain and suffering and $6,000.00 for future pain and suffering related to the cellulitis, with the net present value of future pain and suffering confirmed at $5,083.00.

The final decision on April 17, 2023, awarded a total lump sum of $15,208.00 to Petitioner.