Leila M. Hubbard v. HHS - Hepatitis B, persistent and recurring sterile abscesses (2022)

On August 6, 2020, Leila M. Hubbard, as parent and natural guardian for the minor J.B.B., filed a petition for compensation under the National Vaccine Injury Compensation Program.

The petition alleged that J.B.B. received multiple vaccines, including Hepatitis B, DTaP, PCV, Hib, and Hepatitis A, on various dates between October 31, 2017, and May 2, 2019. These vaccinations were alleged to have caused J.B.B. to suffer persistent and recurring sterile abscesses in his right and left thighs where the vaccines were administered.

The respondent, the Secretary of Health and Human Services, filed a report on August 20, 2021, recommending that compensation be awarded. The respondent agreed that J.B.B. developed persistent and recurring sterile abscesses, which were more likely than not caused by the administered vaccines, and that the injury met the statutory duration requirement of lasting at least six months or resulting in inpatient hospitalization and surgical intervention.

On December 30, 2021, Special Master Herbrina Sanders issued a Ruling on Entitlement, finding J.B.B. entitled to compensation. Subsequently, on May 6, 2022, the parties filed a Proffer on Award of Compensation.

The Special Master issued a Decision Awarding Damages on June 24, 2022. The award included a lump sum payment of $100,000.00 for pain and suffering, payable to Leila M.

Hubbard as guardian/conservator of J.B.B., and a lump sum payment of $7,234.60 to satisfy a Medicaid lien, payable jointly to Leila M. Hubbard and Equian.

These amounts represent all elements of compensation to which J.B.B. is entitled under the Act. Petitioner was represented by Robert D.

Proffitt of Proffitt & Cox, LLP, and respondent was represented by Ronalda E. Kosh of the U.S.

Department of Justice. The case proceeded as an off-Table claim, with the respondent conceding causation-in-fact.