H.S. v. HHS - Influenza, subcutaneous nodule with residual skin discoloration (2018)

On July 7, 2017, H.S., a minor, by his mother Jennifer Stracick, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that after receiving the Haemophilus influenzae type b (Hib) vaccine on January 11, 2016, H.S. developed a lump on his left thigh at the injection site and suffered permanent physical injuries and significant ongoing pain and suffering that persisted for longer than six months.

Petitioner maintained that H.S.'s injuries were caused-in-fact by the Hib vaccine and that neither H.S. nor his mother had previously received compensation for vaccine-related injuries. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 17, 2017, conceding that H.S. was entitled to compensation for a subcutaneous nodule with residual skin discoloration at the vaccination site.

The respondent concluded that it was more likely than not that H.S. developed this condition due to the Hib vaccination and not due to unrelated factors, and agreed that petitioner met the statutory and jurisdictional requirements of the Vaccine Act. On October 19, 2017, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding H.S. entitled to compensation.

Subsequently, on December 22, 2017, the respondent filed a proffer on award of compensation. The proffer stipulated that H.S. should be awarded $30,217.98, comprising a lump sum of $30,000.00 for pain and suffering and a lump sum of $217.98 for past unreimbursable expenses.

The $30,000.00 payment for pain and suffering was to be made via check payable to petitioner as guardian/conservator of H.S.'s estate, contingent upon documentation of such appointment. If petitioner was not authorized to serve as guardian/conservator, the payment was to be made to the court-appointed party.

The $217.98 for past unreimbursable expenses was to be paid via check to Jennifer Stracick. Petitioner agreed with the proffered award.

On March 27, 2018, Chief Special Master Nora Beth Dorsey issued a decision awarding damages based on the proffer, granting the total amount of $30,217.98. Petitioner's counsel was Michael G.

McLaren, and respondent's counsel was Justine Elizabeth Walters. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.