Kelly Hincks v. HHS - Tdap, cellulitis (2024)

Kelly Hincks filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered cellulitis caused by a Tdap vaccine she received on December 7, 2018. She claimed residual effects from the injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her cellulitis or any other injury. Despite this denial, the parties reached a joint stipulation to settle the case.

The court adopted the stipulation, awarding Kelly Hincks $35,000.00 as a lump sum payment. This amount is intended to cover all damages available under the Vaccine Act.

The stipulation also addressed the process for awarding attorneys' fees and costs. The case was resolved through a settlement, avoiding a contested hearing on the merits of causation.

The settlement represents a compromise of the parties' positions.