Abigail Michel v. HHS - Tdap, left shoulder injuries, including cellulitis and an abscess (2018)

Abigail Michel filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder injuries, including cellulitis and an abscess, as a result of a tetanus-diphtheria-pertussis (Tdap) vaccination she received on April 3, 2015. She further alleged that she experienced the residual effects of these injuries for more than six months.

Respondent denied that the alleged cellulitis and/or abscess, or any other injury, was caused-in-fact by her Tdap vaccination. Nevertheless, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The Chief Special Master found the stipulation reasonable and awarded Abigail Michel a lump sum of $84,000.00. This amount represents compensation for all items of damages available under the Vaccine Act.

The decision directed the clerk of the court to enter judgment in accordance with the decision.