Julio Samble v. HHS - MMR, left arm cellulitis and/or abscess allegedly following DTaP, hepatitis B, MMR, IPV, and/or varicella vaccines (2023)

On April 5, 2019, Julio Samble filed a petition under the National Vaccine Injury Compensation Program on behalf of his minor child, J.J.S. The petition alleged that J.J.S. received diphtheria-tetanus-acellular pertussis (DTaP), hepatitis B (Hep B), measles-mumps-rubella (MMR), inactivated poliovirus (IPV), and/or varicella vaccinations on April 6, 2016, and subsequently developed a left arm abscess.

The case was assigned to the Special Processing Unit. On July 22, 2019, respondent conceded entitlement to compensation, stating that a preponderance of the medical evidence established that J.J.S.'s cellulitis and/or abscess was caused-in-fact by one or more of the April 6, 2016 vaccines, that no other cause was identified, and that the injury met the Vaccine Act's severity requirement due to inpatient hospitalization and surgical intervention.

Chief Special Master Nora Beth Dorsey accepted this concession and ruled J.J.S. entitled to compensation. The public entitlement ruling does not specify J.J.S.'s date of birth or exact age, identify which vaccine was most likely responsible, detail the onset date, or provide specifics about the hospitalization and surgery beyond the general findings.

Damages were addressed in two separate proffers. Initially, in September 2019, the parties proposed an award of $35,000.00 for pain and suffering, plus $14,831.65 for past unreimbursed medical expenses, totaling $49,831.65.

However, this initial judgment had to be vacated due to issues related to guardianship required for the settlement. A final controlling damages decision was entered on October 5, 2023, by Chief Special Master Brian H.

Corcoran. Under the revised terms, petitioner received a lump sum of $14,831.65 for past unreimbursable expenses.

Additionally, up to $35,000.00 was allocated to purchase an annuity for J.J.S.'s pain and suffering. This annuity was structured with specific lump sum payments scheduled for April 1, 2033 ($17,799.71), April 1, 2036 ($20,570.55), and April 1, 2039 ($23,765.48).

The payment due on April 1, 2039, is adjustable to ensure the total cost of the annuity purchase does not exceed $35,000.00. The total visible value of the final award was $49,831.65.

Petitioner was represented by Russell Anthony Murray of Lovett Law Firm. Respondent's counsel included Mollie Danielle Gorney and Alexis B.

Babcock.