Stacy Helton v. HHS - Influenza, abscess injury at the injection site (2025)
Case summary [AI summaries can sometimes make mistakes]
On September 19, 2019, Stacy Helton filed a petition alleging that an influenza vaccination administered on October 3, 2018 caused an abscess injury at the injection site. The claim was one of several related cases involving a Kentucky mobile vaccination entity later found to have inadequate safety controls over its vaccines.
The related claimants agreed to use Silvers v. HHS as a test case for entitlement.
In Silvers, Chief Special Master Brian H. Corcoran found that the flu vaccination caused a right shoulder skin abscess associated with bacterial infection.
After reviewing the evidence in Mr. Helton's own case in light of that ruling, Mr.
Helton moved to dismiss under Vaccine Rule 21(b). The public decision does not describe his individual clinical course beyond the alleged abscess injury and related vaccination setting.
On September 15, 2025, Chief Special Master Corcoran dismissed Mr. Helton's petition with prejudice.
The decision states that Mr. Helton could not meet the evidentiary standards for compensation and had not offered the expert report the court considered necessary to substantiate entitlement in this type of claim.
No compensation was awarded. Mr.
Helton was represented by John J. Patterson of Luxon, Patterson & Himes, PLLC.
Theory of causation
Influenza vaccine, October 3, 2018, adult inferred, alleged injection-site abscess from Kentucky mobile vaccination entity with inadequate safety controls. DISMISSED with prejudice. Case was related to Silvers test-case abscess litigation, where causation was found for a similar right shoulder bacterial abscess, but petitioner moved to dismiss under Vaccine Rule 21(b) after review of his own evidence and the Silvers ruling. No expert report was offered for this claim. No award; petitioner intended to preserve future civil-action rights. Chief Special Master Corcoran September 15, 2025. Attorney John J. Patterson; respondent James V. Lopez.
Source PDFs
USCOURTS-cofc-1_19-vv-01440