Richard Joseph Spahr v. HHS - Influenza, cellulitis (2022)

Richard Spahr filed a petition for compensation under the National Vaccine Injury Compensation Program on January 23, 2020, alleging that he suffered cellulitis as a result of an influenza vaccination received on December 30, 2017. He claimed the vaccine was administered in the United States and that he suffered residual effects of the injury for more than six months, with no prior award or settlement.

Respondent denied that the flu vaccine caused the cellulitis or any other injury. Despite these positions, the parties filed a joint stipulation on March 8, 2022, agreeing to settle the case and award compensation.

The court adopted the stipulation, awarding Richard Spahr a lump sum of $18,000.00. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act.

The case proceeded as a Table claim, as cellulitis is listed on the Vaccine Injury Table for the influenza vaccine. The stipulation included a release of all claims against the United States and the Secretary of Health and Human Services related to the alleged injury from the flu vaccination.