Kimberly Neighbors v. HHS - Influenza, abscess (2022)

Kimberly Neighbors filed a petition for compensation under the National Vaccine Injury Compensation Program on December 4, 2020, alleging that she suffered an abscess caused in fact by the influenza vaccine she received on October 16, 2019. She further alleged that the vaccine was administered in the United States, that her abscess and its sequelae persisted for more than six months, and that no other actions or compensation had been sought for this injury.

The case was assigned to the Special Processing Unit. On March 18, 2022, the respondent filed a Rule 4(c) report conceding that the petitioner was entitled to compensation.

The respondent agreed that the petitioner developed an abscess on her left deltoid, which was more likely than not caused by the flu vaccine administered at the same location, and that no other causes were identified. The respondent also agreed that the petitioner suffered residual effects for more than six months and satisfied all legal prerequisites for compensation, with the scope of damages limited to the abscess and its related sequelae.

On April 22, 2022, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding the petitioner entitled to compensation.

Subsequently, on August 8, 2022, the respondent filed a proffer recommending an award of $25,000.00 for pain and suffering, which the petitioner agreed to. In a Decision Awarding Damages dated August 9, 2022, Chief Special Master Corcoran awarded Kimberly Neighbors a lump sum payment of $25,000.00, payable by check to Petitioner, representing compensation for all damages available under Section 15(a).

Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and the respondent was represented by Meghan Murphy of the U.S. Department of Justice.