M.K. v. HHS - DTaP, abscesses and scarring at the injection sites (2015)
Case summary [AI summaries can sometimes make mistakes]
On March 2, 2015, Avery Kranz and Alyssa Kranz filed a petition on behalf of their minor child, M.K., seeking compensation under the National Vaccine Injury Compensation Program. They alleged that M.K. suffered abscesses and scarring at the injection sites following vaccinations received on March 21 and August 19, 2013.
The vaccines administered included Diphtheria-Tetanus-acellular Pertussis (DTaP), Inactivated Polio Vaccine (IPV), Haemophilus influenzae type B (Hib), Pneumococcal Vaccine (PCV), and Rotavirus vaccine. The petition stated that M.K.'s injuries lasted more than six months.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 10, 2015, conceding that M.K. is entitled to compensation for sterile abscesses and resulting scars on his thighs following the vaccinations. The respondent also agreed that M.K. met the statutory requirement of suffering the results of his injuries for more than six months.
Based on the respondent's concession and the evidence, Chief Special Master Denise Kathryn Vowell found that M.K. is entitled to compensation. The case was proceeding to determine the award amount.
Ronald Homer, Esq., represented the petitioner, and Glenn MacLeod, Esq., represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner alleged that M.K. suffered abscesses and scarring at the injection sites following DTaP, IPV, Hib, PCV, and Rotavirus vaccinations received on March 21 and August 19, 2013, and that these injuries lasted more than six months. Respondent conceded entitlement to compensation for sterile abscesses and resulting scars on the thighs following these vaccinations, and agreed that the statutory duration requirement was met. Chief Special Master Denise Kathryn Vowell found entitlement based on this concession. The theory of causation is based on the Vaccine Injury Table. Petitioner counsel was Ronald Homer, Esq., and respondent counsel was Glenn MacLeod, Esq. The decision date was August 3, 2015. The public text does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award amount, as the case was proceeding to determine compensation.
Source PDFs
USCOURTS-cofc-1_15-vv-00196