Emily Baker v. HHS - Tdap, left thigh cellulitis, infection, abscess requiring surgical incision and drainage, and significant scarring and disfigurement (2022)

On February 25, 2019, Emily Baker, as parent and natural guardian for her minor child L.M.B., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that L.M.B. sustained left thigh cellulitis, infection, abscess requiring surgical incision and drainage, and significant scarring and disfigurement, which were caused-in-fact by the Tdap and MMRV vaccinations administered on February 27, 2017.

The petition stated that the vaccinations were administered in the United States, that L.M.B. suffered residual effects for more than six months, required surgery and hospitalization, and that no civil action had been filed or compensation received for these alleged vaccine-caused injuries. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 7, 2020, conceding that L.M.B. is entitled to compensation.

The respondent concluded that the medical evidence established that the cellulitis and abscess were caused-in-fact by the vaccinations and that the petitioner had satisfied all legal prerequisites for compensation. Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on February 7, 2020, finding the petitioner entitled to compensation. On October 5, 2022, the parties submitted a proffer for the award of compensation.

The decision, issued by Chief Special Master Brian H. Corcoran on November 7, 2022, awarded compensation totaling $145,607.23.

This award included a lump sum payment of $8,427.23 to satisfy the State of Indiana Medicaid lien, payable jointly to petitioner and Anthem. Additionally, $137,180.78 was awarded to purchase an annuity contract for L.M.B.'s pain and suffering, with specific lump sum payments scheduled for January 2, 2036, January 2, 2038, and January 2, 2040.

An additional amount was awarded to purchase a second annuity contract for L.M.B.'s expenses, providing annual payments starting in 2031, increasing at 5% compounded annually, and continuing for four years, life contingent. The public decision does not describe the specific clinical details of the injury onset, symptoms, diagnostic tests, or treatments beyond the stated conditions and surgical intervention.

The public decision also does not name any specific medical experts or detail the mechanism of injury beyond the respondent's concession of causation-in-fact.