Michael G. McCarty v. HHS - Influenza, pain and abscesses (2025)

Michael G. McCarty filed a petition for compensation under the National Vaccine Injury Compensation Program on September 19, 2019, alleging that an influenza vaccine he received on October 3, 2018, caused adverse effects, including pain and abscesses.

Mr. McCarty was 38 years old at the time of vaccination.

The respondent opposed the claim, arguing that the statutory six-month severity requirement could not be met. The public decision does not describe the petitioner's counsel or the respondent's counsel.

The Special Master, Chief Special Master Brian H. Corcoran, reviewed the submissions and found a lack of preponderant evidence that the alleged injury persisted for at least six months post-vaccination.

The petition was dismissed for failure to establish entitlement. Mr.

McCarty first noticed a knot and experienced pain at the vaccine site in mid-December 2018, approximately three months after vaccination. He was treated by Dr.

William Sutherland on January 24, 2019, for a tender, draining abscess, which involved incision and drainage. Fluid samples were positive for bacteria.

On February 15, 2019, he saw infectious disease specialist David Dougherty, M.D., for a "mycobacterium fortuitum right arm abscess following a vaccine administration." Dr. Dougherty observed an open wound and prescribed antibiotics.

Later that month, the wound had healed, though tenderness and swelling remained, and Mr. McCarty was advised to continue antibiotics for at least one month.

In mid-March 2019, approximately three months after the reported onset, Mr. McCarty returned to Dr.

Dougherty, denying tenderness, with the wound completely healed. Dr.

Dougherty instructed him to continue antibiotics for another two weeks, possibly ceasing thereafter. No further treatment records were filed.

The petitioner argued that the abscess might take three to six months to resolve and that he experienced residual effects. The respondent argued that the onset was December 12, 2018, requiring severity through June 12, 2019, but the last documented treatment was March 13, 2019, with anticipated cessation of treatment by the end of March, totaling approximately three and a half months.

The Special Master agreed, finding the injury resolved well within the six-month timeframe. The petitioner also claimed a persistent scar, but provided no corroborating evidence such as a photograph.

The Special Master noted that while a scar could establish sequelae, the petitioner had not offered proof despite ample time. The petition was dismissed, and the Clerk of the Court was ordered to enter judgment.