Tanitha Jackson v. HHS - Varicella, right leg cellulitis and abscess (2018)

On May 23, 2017, Tanitha Jackson, as the legal representative of her minor son D.E., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that D.E. developed right leg cellulitis and an abscess requiring surgery as a result of several vaccines administered on October 13, 2016, including the measles, mumps and rubella (MMR) vaccine, pneumococcal 13-valent conjugate (PCV 13) vaccine, hepatitis A (Hep A) vaccine, influenza (flu) vaccine, and varicella vaccine.

The respondent, the Secretary of Health and Human Services, reviewed the petition and supporting documentation. In a Rule 4(c) report filed on October 12, 2017, the respondent conceded that D.E. was entitled to compensation.

The respondent's medical personnel concluded that D.E.'s injuries, right leg cellulitis and abscess, were more likely than not caused by the varicella and/or PCV vaccines administered in his right thigh, and no other causes were identified. The respondent also confirmed that D.E.'s injury met the statutory requirement of lasting at least six months or resulting in inpatient hospitalization and surgical intervention.

A ruling on entitlement was issued on October 12, 2017, finding D.E. entitled to compensation. Subsequently, on March 26, 2018, the respondent filed a proffer on award of compensation.

The parties agreed to an award of $39,405.26. This amount included $35,000.00 for pain and suffering and $4,405.26 to satisfy a State of Georgia Medicaid lien.

The Chief Special Master, Nora Beth Dorsey, issued a decision awarding damages on June 7, 2018, in accordance with the proffer. Petitioner's counsel was Curtis R.

Webb, and respondent's counsel was Lisa Ann Watts.