Guadalupe Perez v. HHS - MMR, cellulitis (2017)

Guadalupe Perez, as the legal guardian and parent of B.P., a minor, filed a petition for compensation on December 10, 2015, alleging that B.P. suffered cellulitis caused by the measles, mumps, and rubella (MMR) and meningococcal vaccines received on February 11, 2015. The case was assigned to the Special Processing Unit.

On December 9, 2015, the respondent filed a Rule 4(c) report conceding that the alleged injury was consistent with cellulitis caused by the MMR and meningococcal vaccines administered in B.P.'s left arm. Based on this concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 10, 2015, finding B.P. entitled to compensation.

Subsequently, on October 6, 2016, the parties submitted a proffer on the award of compensation. The respondent proffered that the petitioner should be awarded $47,356.00, representing all elements of compensation.

The petitioner agreed with this proffered award. Chief Special Master Dorsey, in a decision dated January 10, 2017, awarded the petitioner a lump sum payment of $47,356.00, payable by check to Bianca Perez (the petitioner, now a competent adult).

This amount was designated as compensation for all damages available under the Vaccine Act. Petitioner counsel was Jack Hull, II, and later William I.

Goldsmith, of Goldsmith & Hull, APC. Respondent counsel was Debra Begley, of the U.S.

Department of Justice.