Corey Silvers v. HHS - Influenza, right shoulder skin abscess associated with a bacterial infection (2024)

Corey Silvers filed a claim under the National Vaccine Injury Compensation Program alleging that an influenza vaccine he received on October 15, 2018, caused a bacterial skin abscess on his right shoulder. The parties disputed whether the claim was cognizable under the Act, as the injury appeared to be caused by negligence during vaccine administration by 'Location Vaccination,' rather than the vaccine's intended components.

Investigations by the Kentucky Department of Public Health revealed widespread issues with Location Vaccination's practices, including hand hygiene and vaccine preparation, leading to an outbreak of abscesses among recipients. Mr.

Silvers's physician confirmed a skin abscess, and cultures identified bacteria consistent with those found in other affected individuals. Although the respondent argued that the injury was not 'vaccine-related' in the sense of being caused by the vaccine's biological effects, the court found that prior program decisions have treated abscesses from administration errors as compensable.

The court determined that the claim, while on the edge of the Program's scope, was cognizable and that Mr. Silvers met the three prongs of the Althen standard for establishing causation-in-fact for a non-Table injury.

Therefore, entitlement to compensation was granted, and the parties were to proceed with determining damages.