VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00981
Package ID: USCOURTS-cofc-1_20-vv-00981
Petitioner: J.B.B.
Filed: 2020-08-06
Decided: 2022-06-24
Vaccine: Hepatitis B
Vaccination date: 2017-10-31
Condition: persistent and recurring sterile abscesses
Outcome: compensated
Award amount USD: 107234

AI-assisted case summary:
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.

Theory of causation field:
Petitioner alleged that the Hepatitis B, DTaP, PCV, Hib, and Hepatitis A vaccines administered between October 31, 2017, and May 2, 2019, caused J.B.B., a minor, to suffer persistent and recurring sterile abscesses in his thighs. The respondent recommended compensation, agreeing that the abscesses were more likely than not caused by the vaccines and met the statutory duration requirement. The Special Master issued a Ruling on Entitlement on December 30, 2021, finding entitlement. A Proffer on Award of Compensation was filed on May 6, 2022, leading to a Decision Awarding Damages on June 24, 2022. The award totaled $107,234.60, comprising $100,000.00 for pain and suffering and $7,234.60 for a Medicaid lien. This was an off-Table claim where the respondent conceded causation-in-fact. Petitioner counsel was Robert D. Proffitt, and respondent counsel was Ronalda E. Kosh. Special Master was Herbrina Sanders.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00981-0
Date issued/filed: 2022-01-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/30/2021) regarding 26 Ruling on Entitlement. Signed by Special Master Herbrina Sanders. (rig) Service on parties made.
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Case 1:20-vv-00981-UNJ Document 27 Filed 01/31/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 30, 2021
* * * * * * * * * * * * * * * * * * * * * * * * *
LEILA M. HUBBARD, as parent and * No. 20-981V
natural guardian, on behalf of J.B.B., *
a minor, * Special Master Sanders
*
Petitioner, *
v. * Ruling on Entitlement; Hepatitis B Vaccine;
* Diphtheria-Tetanus-Acellular Pertussis
SECRETARY OF HEALTH * (“DTaP”) Vaccine; Pneumococcal Conjugate
AND HUMAN SERVICES, * (“PCV”) Vaccine; Hemophilus Influenzae
* Type B (“Hib”) Vaccine; Hepatitis A
Respondent. * Vaccine; Sterile Abscesses
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Robert D. Proffitt, Proffitt & Cox, LLP, Columbia, SC, for Petitioner.
Ronalda E. Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 6, 2020, Leila Hubbard (“Petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program2 (“Vaccine Program” or “Program”). 42
U.S.C. § 300aa-10 to 34 (2012). Petitioner alleged that the Hepatitis B; diphtheria, tetanus,
acellular pertussis (“DTaP”); pneumococcal conjugate (“PCV”); haemophilus influenzae type B
(“Hib”); and Hepatitis A vaccines her child, J.B.B., received on October 31, 2017, January 5, 2018,
March 9, 2018, May 14, 2018, November 2, 2018, February 14, 2019, and May 2, 2019, caused
him to “suffer[] persistent and recurring sterile abscesses and related conditions in his right and
left thighs where the vaccines were administered . . . .” Pet. ¶¶ 5–6, ECF No. 1.
On August 20, 2021, Respondent filed his report pursuant to Vaccine Rule 4(c). Resp’t’s
Report, ECF No. 25. Respondent “recommend[ed] that compensation be awarded.” Id. at 1. He
stated that a review of the record indicated that “J.B.B. developed persistent and recurring sterile
abscesses, which were more likely than not caused by the administration of vaccines [listed in
1 This Ruling shall be posted on the United States Court of Federal Claims’ website, in accordance with the E-
Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the Ruling will be available to anyone with access to the Internet. In
accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information
that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction
must include a proposed redacted ruling. If, upon review, the I agree that the identified material fits within the
requirements of that provision, such material will be deleted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755 (“the Vaccine Act” or “Act”).
Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42
U.S.C. § 300aa (2012).

Case 1:20-vv-00981-UNJ Document 27 Filed 01/31/22 Page 2 of 2
Petitioner’s petition] in J.B.B.’s left and right thighs.” Id. at 7. Respondent continued that
Petitioner “has satisfied the statutory requirement that J.B.B.’s injury lasted for at least six months,
or resulted in ‘inpatient hospitalization and surgical intervention’ as required by 42 U.S.C. § 300aa-
11(c)(1)(D)(i)(iii).” Id. Respondent concluded that “[P]etitioner has satisfied all legal prerequisites
for compensation under the Act.” Id.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. §300aa-13; Vaccine Rule 8(d). In light of Respondent’s
concession and a review of the record, I find that Petitioner is entitled to compensation. This matter
shall now proceed to the damages phase.
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00981-1
Date issued/filed: 2022-06-24
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 05/31/2022) regarding 32 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rig) Service on parties made.
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Case 1:20-vv-00981-UNJ Document 36 Filed 06/24/22 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 31, 2022
* * * * * * * * * * * * * * * * * * * * * * * * *
LEILA M. HUBBARD, as parent and * No. 20-981V
natural guardian, on behalf of J.B.B., *
a minor, * Special Master Sanders
*
Petitioner, *
v. * Decision on Proffer; Damages; Hepatitis B
* Vaccine; Diphtheria-Tetanus-Acellular
SECRETARY OF HEALTH * Pertussis (“DTaP”) Vaccine; Pneumococcal
AND HUMAN SERVICES, * Conjugate (“PCV”) Vaccine; Haemophilus
* Influenzae Type B (“Hib”) Vaccine;
Respondent. * Hepatitis A Vaccine; Sterile Abscesses
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Robert D. Proffitt, Proffitt & Cox, LLP, Columbia, SC, for Petitioner.
Ronalda E. Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 6, 2020, Leila Hubbard (“Petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program2 (“Vaccine Program” or “Program”). 42
U.S.C. § 300aa-10 to 34 (2012). Petitioner alleged that the Hepatitis B; diphtheria, tetanus,
acellular pertussis (“DTaP”); pneumococcal conjugate (“PCV”); haemophilus influenzae type B
(“Hib”); and Hepatitis A vaccines her child, J.B.B., received between October 31, 2017 and May
2, 2019, caused him to “suffer[] persistent and recurring sterile abscesses and related conditions in
his right and left thighs where the vaccines were administered . . . .” Pet. ¶¶ 5–6, ECF No. 1.
On August 20, 2021, Respondent filed his report pursuant to Vaccine Rule 4(c). Resp’t’s
Report, ECF No. 25. Respondent “recommend[ed] that compensation be awarded.” Id. at 1. He
stated that a review of the record indicated that “J.B.B. developed persistent and recurring sterile
abscesses, which were more likely than not caused by the administration of vaccines [stated in
1 This Decision shall be posted on the United States Court of Federal Claims’ website, in accordance with
the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), a party has 14 days to identify
and move to delete medical or other information that satisfies the criteria in § 300aa-12(d)(4)(B). Further,
consistent with the rule requirement, a motion for redaction must include a proposed redacted Decision.
If, upon review, the undersigned agrees that the identified material fits within the requirements of that
provision, such material will be deleted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755 (“the Vaccine Act”
or “Act”). Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent
subparagraph of 42 U.S.C. § 300aa (2012).
1

Case 1:20-vv-00981-UNJ Document 36 Filed 06/24/22 Page 2 of 6
Petitioner’s petition] in J.B.B.’s left and right thighs.” Id. at 7. Respondent continued that
Petitioner “has satisfied the statutory requirement that J.B.B.’s injury lasted for at least six months,
or resulted in ‘inpatient hospitalization and surgical intervention’ as required by 42 U.S.C. § 300aa-
11(c)(1)(D)(i)(iii).” Id. Respondent concluded that “[P]etitioner has satisfied all legal prerequisites
for compensation under the Act.” Id. On December 30, 2021, the undersigned issued a Ruling on
Entitlement, finding that Petitioner was entitled to compensation. Ruling on Entitlement, ECF No.
26.
On May 6, 2022, Respondent filed a Proffer on Award of Compensation (“Proffer”).
Proffer, ECF No. 31. Based on the record as a whole, the undersigned finds that Petitioner is
entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the Proffer, attached as Appendix A, the undersigned awards
Petitioner:
A lump sum payment of $100,00.00, representing compensation for pain and
suffering, in the form of a check payable to [P]etitioner as guardian/conservator
of J.B.B., for the benefit of J.B.B. . . . [and a] lump sum payment of $7,234.60,
representing compensation for satisfaction of the State of South Carolina
Medicaid lien, in the form of a check payable jointly to [P]etitioner[ and Equian]3
. . . . These amounts represent all elements of compensation to which [P]etitioner,
on behalf of J.B.B., is entitled under 42 U.S.C. § 300aa-15(a).
Id. at 2–3.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
court SHALL ENTER JUDGMENT herewith.4
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 The proffer states that “Petitioner agrees to endorse this payment to Equian[]” and lists an address for
Equian. Id. at 3.
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of a notice
renouncing the right to seek review.
2

Case 1:20-vv-00981-UNJ Document 36 Filed 06/24/22 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
LEILA M. HUBBARD, as parent and natural )
guardian, on behalf of J.B.B., a minor )
)
Petitioner, )
) No. 20-981V
v. ) Special Master Sanders
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 6, 2020, Leila M. Hubbard (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that J.B.B. developed persistent and
recurring sterile abscesses and related conditions that were caused-in-fact by multiple vaccines,
including the Hepatitis B (“Hep B”), Hemophilus Influenza Type B (“Hib”), Diphtheria-Tetanus-
acellular Pertussis (“DTaP”), Pneumococcal conjugate (“PCV”), and Hepatitis A (“Hep A”)
vaccines administered on the following dates: October 31, 2017, January 5, 2018, March 9, 2018,
May 14, 2018, November 2, 2018, February 14, 2019, and May 2, 2019. See Petition. On
August 20, 2021, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c)
Report indicating that this case is appropriate for compensation under the terms of the Act for
persistent and recurring sterile abscesses, which were more likely than not caused by the
administration of vaccines, to include the Hep B, Hib, DTaP, PCV, and Hep A vaccines, in
J.B.B.’s left and right thighs, and on December 30, 2021, the Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 25; ECF No. 26.

Case 1:20-vv-00981-UNJ Document 36 Filed 06/24/22 Page 4 of 6
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner, on behalf of J.B.B., should be awarded $100,000.00
in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner, on behalf of J.B.B., should be awarded funds to
satisfy the State of South Carolina lien in the amount of $7,234.60, which represents full
satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of
South Carolina may have against any individual as a result of any Medicaid payment the State of
South Carolina has made to or on behalf of petitioner from the date of eligibility for benefits
through the date of judgment in this case as a result of the alleged vaccine-related injury suffered
on or about October 31, 2017, January 5, 2018, March 9, 2018, May 14, 2018, November 2,
2018, February 14, 2019, and May 2, 2019, under Title XIX of the Social Security Act.
These amounts represent all elements of compensation to which petitioner, on behalf of
J.B.B., is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner, on behalf of J.B.B.,
should be made through the following payments:1
A. A lump sum payment of $100,000.00, representing compensation for pain and
suffering, in the form of a check payable to petitioner as guardian/conservator of
J.B.B., for the benefit of J.B.B. No payments shall be made until petitioner
provides respondent documentation establishing that she has been appointed as
the guardian/conservator of J.B.B.’s estate. If petitioner is not authorized by a
court of competent jurisdiction to serve as guardian/conservator of the estate of
J.B.B., any such payment shall be made to the party or parties appointed by a
1 Should J.B.B. die prior to entry of judgment, the parties reserve the right to move the Court for
appropriate relief. In particular, respondent would oppose any award for future pain and
suffering.
2

Case 1:20-vv-00981-UNJ Document 36 Filed 06/24/22 Page 5 of 6
court of competent jurisdiction to serve as guardian/conservator of the estate of
J.B.B. upon submission of written documentation of such appointment to the
Secretary; and
B. A lump sum payment of $7,234.60, representing compensation for satisfaction of
the State of South Carolina Medicaid lien, in the form of a check payable jointly
to petitioner:
Equian
P.O. Box 182643
Columbus, OH 43218
Petitioner agrees to endorse this payment to Equian.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner as the court-appointed
guardian/conservator of J.B.B.’s estate: $100,000.00
B. Medicaid lien: $7,234.60
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
3

Case 1:20-vv-00981-UNJ Document 36 Filed 06/24/22 Page 6 of 6
s/ Ronalda E. Kosh
RONALDA E. KOSH
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4476
DATED: May 6, 2022 Email: ronalda.kosh@usdoj.gov
4