Evangelina Salinas v. HHS - Pneumococcal, cellulitis and sepsis (2019)

Evangelina Salinas filed a petition for compensation under the National Vaccine Injury Compensation Program on May 5, 2017. She alleged that she suffered from sepsis as a result of left arm cellulitis caused by her Prevnar 13 pneumococcal conjugate vaccination administered on July 22, 2016.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 31, 2018, conceding entitlement. The respondent agreed that Ms.

Salinas had cellulitis in her left arm and sepsis, which were caused-in-fact by the vaccination, and that no other causes for her injury were identified. The respondent also stated that her injuries persisted for more than six months after vaccination.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on September 4, 2018, finding Ms. Salinas entitled to compensation.

Subsequently, on February 14, 2019, the respondent filed a Proffer on Award of Compensation. The proffer indicated that Ms.

Salinas should be awarded $45,000.00 for pain and suffering and $96.05 to satisfy a Medicaid lien. The petitioner, a competent adult, agreed with the proffered award.

On February 14, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages, adopting the terms of the proffer. The award consisted of a lump sum payment of $45,000.00 payable to Evangelina Salinas and a lump sum payment of $96.05, payable jointly to Evangelina Salinas and the North Carolina Division of Medical Assistance to satisfy the Medicaid lien.

Ms. Salinas agreed to endorse the latter payment to the North Carolina Division of Medical Assistance.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The attorneys involved were Nancy Routh Meyers of Ward Black Law for the petitioner and Amy Paula Kokot of the U.S.

Department of Justice for the respondent.