Pamela Stewart v. HHS - Influenza, abscess (2025)
Case summary [AI summaries can sometimes make mistakes]
Pamela Stewart, a 55-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 2, 2020. She alleged that an influenza vaccine received on October 5, 2018, caused adverse effects, including pain, swelling, and an abscess at the injection site.
The vaccine was administered by a mobile vaccination entity later found to have inadequate safety controls, which resulted in similar abscess injuries in other individuals. Stewart presented to her primary care provider on January 9, 2019, complaining of tenderness at the vaccination site, which was diagnosed as an acute infection, likely an abscess.
She was referred to surgeon Dr. Gregory Strothman, who drained the abscess on January 11, 2019.
Cultures revealed mycobacterium fortuitum. On February 24, 2019, approximately four and a half months post-vaccination, infectious disease specialist Dr.
Makhawadee Pongruangporn noted that tingling and arm swelling persisted, and recommended further treatment. On April 25, 2019, seven months post-vaccination, Stewart followed up with Dr.
Pongruangporn, reporting fatigue and hypersensitivity at the injection site, though the abscess had resolved, leaving a small scar. By July 23, 2019, nine months post-vaccination, her symptoms had largely subsided.
The respondent argued that Stewart failed to meet the statutory six-month severity requirement. However, Chief Special Master Brian H.
Corcoran, in a ruling dated March 5, 2025, found that Stewart's persistent fatigue and hypersensitivity, supported by medical records, satisfied the severity requirement. On April 3, 2025, Chief Special Master Corcoran adopted the respondent's proffer, awarding Stewart $10,000.00 in pain and suffering.
Petitioner was represented by Timothy R. McCarthy of Nutt Law Office, and respondent was represented by Tyler King of the U.S.
Department of Justice. The decision notes that the respondent reserves the right to seek review of the entitlement decision.