Melinda Porter v. HHS - Influenza, scarring from ulcerations to the epidermis, pyoderma gangrenosum, and dermatitis of the right arm (2018)

Filed 2017-10-23Decided 2018-10-29Vaccine Influenza
compensated$100,774

Case summary [AI summaries can sometimes make mistakes]

On October 23, 2017, Melinda Porter filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that on October 13, 2015, she received a Haemophilus influenza type b (Hib) vaccine in her left arm, and a Meningococcal conjugate (Menactra) and Pneumococcal conjugate 13 (Prevnar) vaccine in her right arm.

Petitioner claimed that these vaccinations resulted in scarring from ulcerations to the epidermis, pyoderma gangrenosum, and dermatitis of her right arm, with symptoms persisting for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused or significantly aggravated petitioner's alleged injuries or any other injury, and denied that her current disabilities were the result of a vaccine-related injury.

Despite these opposing positions, the parties filed a joint stipulation for settlement on September 26, 2018. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court.

Pursuant to the stipulation, Melinda Porter was awarded a lump sum of $100,774.38, payable to petitioner, as compensation for all damages. The decision was issued on October 29, 2018.

Petitioner was represented by Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and respondent was represented by Darryl R. Wishard of the U.S.

Department of Justice.

Theory of causation

Petitioner Melinda Porter received Haemophilus influenza type b (Hib), Meningococcal conjugate (Menactra), and Pneumococcal conjugate 13 (Prevnar) vaccines on October 13, 2015. She alleged that these vaccines caused scarring from ulcerations to the epidermis, pyoderma gangrenosum, and dermatitis of the right arm, with symptoms lasting more than six months. The respondent denied causation. The parties reached a joint stipulation for settlement. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury. The case was settled via stipulation, and Chief Special Master Nora Beth Dorsey awarded compensation. The award was a lump sum of $100,774.38. The decision date was October 29, 2018. Petitioner's counsel was Diana Lynn Stadelnikas, and respondent's counsel was Darryl R. Wishard.

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