Z.K. v. HHS - Tdap, sterile abscess of the left arm (2020)

India Washington, mother and natural guardian of Z.K., filed a petition on January 21, 2020, alleging that Z.K. suffered a sterile abscess injury of the left arm caused by a Tetanus-diphtheria-acellular pertussis (Tdap) vaccination administered on March 5, 2018. The respondent, the Secretary of Health and Human Services, filed a report on January 16, 2020, conceding that Z.K.'s medical course was consistent with a sterile abscess in his left upper extremity and that the injury was more likely than not caused by the Tdap vaccine administered in the same location.

The respondent also agreed that all legal prerequisites for compensation had been met. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on January 21, 2020, finding Z.K. entitled to compensation. Subsequently, on May 21, 2020, a decision awarding damages was issued based on a stipulation and proffer filed by the parties on May 20, 2020.

The parties recommended that compensation be made through future annuity payments, representing all elements of compensation available under the Vaccine Act. The decision awarded an amount sufficient to purchase an annuity contract for Z.K., with specific lump sum payments scheduled for future dates.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The attorneys involved were Michael M.

Bast for the petitioner and Darryl R. Wishard for the respondent.

The decision does not name any medical experts.