J.M. v. HHS - Influenza, sterile abscess; scar; right thigh cellulitis (2020)

On July 27, 2016, Kathryn N. Lake, as parent and legal representative of her minor daughter J.M., filed a petition for compensation under the National Vaccine Injury Compensation Program.

The petition alleged that following a Haemophilus influenza B (Hib) vaccination administered on July 23, 2013, J.M. developed small blisters at the injection site, leading to pain, swelling, and induration. This condition further resulted in an abscess on her right thigh that required incision and drainage, leaving a permanent scar.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 21, 2016, conceding that the evidence established J.M.'s injury was consistent with an abscess on her right thigh due to the Hib vaccine and was not due to unrelated factors. The respondent agreed that J.M.'s abscess and resulting scar were compensable as a "caused-in-fact" injury under the Act.

On January 4, 2017, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding that petitioner was entitled to compensation based on the respondent's concession and the evidence. Subsequently, on October 16, 2020, Kathryn N.

Moore, as parent and legal representative of J.M., and the respondent filed a stipulation recommending an award of compensation. The stipulation noted that the respondent did not find preponderant evidence demonstrating that J.M.'s right thigh cellulitis, abscess, and scarring were caused by a factor unrelated to her Hib vaccination.

On November 10, 2020, Special Master Nora Beth Dorsey adopted the stipulation. J.M. was awarded a total of $36,697.

This amount included a lump sum of $35,000.00 for pain and suffering, payable to petitioner as guardian/conservator of J.M.'s estate. Additionally, two lump sums were awarded for reimbursement of liens for vaccine injury-related services: $828.99 payable jointly to petitioner and the Department of Health Care Services, and $768.62 payable jointly to petitioner and Beacon Health Strategies.

Petitioner agreed to endorse these checks to the respective entities. The award represented compensation for all damages available under the Act.

Ramon Rodriguez, III, of Rawls, McNelis and Mitchell, P.C., represented the petitioner in the initial filing, and later Ramon Rodriguez, III, of Sands Anderson, P.C., represented the petitioner for the stipulation. Camille Michelle Collett, and later Camille M.

Collett, of the U.S. Department of Justice, represented the respondent.