VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00546
Package ID: USCOURTS-cofc-1_16-vv-00546
Petitioner: Sandra R. Hughes
Filed: 2016-10-07
Decided: 2017-02-07
Vaccine: pneumococcal
Vaccination date: 2014-11-21
Condition: cellulitis, hematoma, and an abscess
Outcome: compensated
Award amount USD: 125017

AI-assisted case summary:
Sandra R. Hughes filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered cellulitis, a hematoma, and an abscess as a result of a pneumococcal conjugate vaccination (Prevnar 13) she received on November 21, 2014. She stated that she received the vaccination in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation for her injury. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Hughes was entitled to compensation. The respondent agreed that her cellulitis, hematoma, and abscess at the vaccination site were more likely than not caused by the vaccination, and that she met all legal prerequisites for compensation. Based on this concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Hughes entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent had included a Proffer on Award of Compensation in her Rule 4(c) report, proposing an award of $125,017.82, which Ms. Hughes agreed to. The court awarded Ms. Hughes a lump sum payment of $125,017.82, representing compensation for all available damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00546-0
Date issued/filed: 2017-02-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/07/2016) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00546-UNJ Document 23 Filed 02/02/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-546V
Filed: October 7, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SANDRA R. HUGHES, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Pneumococcal 13-Valent Conjugate;
* (“PCV” or “Prevnar 13”) Vaccination;
SECRETARY OF HEALTH * Hematoma, Cellulitis, Abscess;
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Milton Clay Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for petitioner.
Lisa Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 4, 2016, Sandra R. Hughes (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act” or “Program”). Petitioner alleges that she
suffered cellulitis, a hematoma, and an abscess resulting from the pneumococcal
conjugate vaccination she received on November 21, 2014. Petition at 1, ¶¶ 2, 7, 15.
Petitioner further alleges that she received her vaccination in the United States, has
suffered the residual effects of her injury for more than six months, and that neither she
nor any other party has filed a civil action or received an award or settlement for her
injury alleged as vaccine caused. Id. at ¶¶ 2, 16-17. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00546-UNJ Document 23 Filed 02/02/17 Page 2 of 2
On October 6, 2016, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
and Proffer at 1. Specifically, respondent agrees that petitioner’s cellulitis, hematoma,
and abscess at the vaccination site were more likely than not caused by the November
21, 2014, Prevnar 13 vaccination.” Id. at 4. Respondent further indicates “[n]o other
causes for petitioner’s injuries have been identified, . . . [and] petitioner has satisfied all
legal prerequisites for compensation under that Act.” Id. (citations omitted).
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00546-1
Date issued/filed: 2017-02-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/07/2016) regarding 18 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00546-UNJ Document 25 Filed 02/07/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-546V
Filed: October 7, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SANDRA R. HUGHES, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Pneumococcal 13-Valent Conjugate;
* (“PCV” or “Prevnar 13”) Vaccination;
SECRETARY OF HEALTH * Hematoma, Cellulitis, Abscess;
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Milton Clay Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for petitioner.
Lisa Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 4, 2016, Sandra R. Hughes (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act” or “Program”). Petitioner alleges that she
suffered cellulitis, a hematoma, and an abscess resulting from the pneumococcal
conjugate vaccination she received on November 21, 2014. Petition at 1, ¶¶ 2, 7, 15.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 7, 2016, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her cellulitis, hematoma, and abscess resulting from the
pneumococcal conjugate vaccination she received on November 21, 2014. Respondent
included a Proffer on Award of Compensation (“Proffer”) in her Rule 4(c) Report filed on
October 6, 2016, indicating petitioner should be awarded $125,017.82. (ECF No. 16).
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00546-UNJ Document 25 Filed 02/07/17 Page 2 of 2
In the Proffer, respondent represented that petitioner agrees with the proffered award.
Id. Based on the record as a whole, the undersigned finds that petitioner is entitled to
an award as stated in the Proffer.
Pursuant to the terms stated in the Proffer, the undersigned awards petitioner
a lump sum payment of $125,017.82 in the form of a check payable to petitioner,
Sandra R. Hughes. This amount represents compensation for all damages that would
be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2