Mary Saville v. HHS - Influenza, cellulitis (2024)

Mary Saville filed a petition on January 25, 2021, seeking compensation under the National Vaccine Injury Compensation Program, alleging she suffered cellulitis following receipt of the quadrivalent influenza and pneumococcal vaccines on November 5, 2018. Within hours of vaccination, she experienced pain and stiffness at the injection site, along with flu-like symptoms.

The following day, her symptoms persisted, and she developed arm pain and swelling. On November 7, 2018, she presented to a nurse practitioner with headache, nausea, arm pain and swelling, and fever.

An examination revealed erythema, edema, and warmth over her left upper arm. She was diagnosed with cellulitis or an inflammatory reaction and treated with antibiotics.

The nurse practitioner opined the reaction was likely due to the pneumococcal vaccine, as she had not previously reacted to flu shots. The next day, Ms.

Saville presented to the emergency room with worsening symptoms and shortness of breath. A physical exam showed a large area of erythema with central induration over her left arm.

She was diagnosed with cellulitis of the left upper arm, received intravenous antibiotics, and was admitted to the hospital. A surgeon concurred with the cellulitis diagnosis, suggesting the infection may have been introduced after her vaccinations, and recommended surgery due to ongoing symptoms.

After an infectious disease consult, she underwent incision and drainage of an abscess in her left arm on November 10, 2018. She was discharged on November 12, 2018, with a diagnosis of left upper extremity cellulitis with developing abscess, status post incision and drainage, and was prescribed oral antibiotics.

Six months later, she reported persistent fatigue and bruising, but her primary care provider attributed the fatigue to reduced sleep and multiple demands, though she noted the presentation was similar to other case reports with pneumovax-23 and deferred further immunization. The public decision does not describe the specific mechanism of injury or detail the expert testimony beyond the report of Dr.

Christina DeWitt, a dermatologist who opined that vaccines can cause local infections like cellulitis and abscess, and that the flu vaccine likely played a causal role in Ms. Saville's case.

The Special Master, Brian H. Corcoran, granted entitlement, finding that the influenza vaccine was a substantial factor in causing her cellulitis, satisfying the Althen prongs for an off-Table claim.

The parties then proceeded to damages. On March 26, 2024, Chief Special Master Corcoran awarded Mary Saville $51,809.77.

This award included $50,000.00 for pain and suffering, $804.80 for past unreimbursable medical expenses, $1,000.00 for future care costs, and $4.97 for travel costs. The Special Master noted that claims of fatigue were not found to be attributable to the vaccine injury and would not be compensated.