Rebekah R. Codde v. HHS - DTaP, cellulitis and a scar (2017)

Rebekah R. Codde, as the parent and legal representative of her minor daughter I.R.H., filed a petition for compensation on July 8, 2016.

The petition alleged that I.R.H. received the DTaP, varicella, and Hib vaccines on August 21, 2014. Petitioner claimed that I.R.H. subsequently suffered from cellulitis and a scar, which were caused-in-fact by the vaccines.

The case was assigned to the Special Processing Unit. On November 10, 2016, the respondent filed a Rule 4(c) report conceding that the evidence established I.R.H.'s cellulitis was caused-in-fact by the administration of the August 21, 2014 varicella, DTaP, and Hib vaccines, and that the statutory six-month sequela requirement was satisfied.

Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 15, 2016, finding petitioner entitled to compensation. Subsequently, on February 10, 2017, the respondent filed a proffer on award of compensation recommending an award of $35,000.00, with the petitioner agreeing to this amount.

Chief Special Master Dorsey issued a decision on February 10, 2017, awarding petitioner a lump sum payment of $35,000.00, payable to Rebekah R. Codde as the parent and legal representative of I.R.H., as compensation for all damages available under the Vaccine Act.

Petitioner was represented by Elizabeth M. Muldowney of Rawls, McNelis & Mitchell, P.C., and respondent was represented by Christine Mary Becer of the U.S.

Department of Justice.