S.S. v. HHS - DTaP, left thigh lipoatrophy / lipodystrophy (2025)
Case summary [AI summaries can sometimes make mistakes]
On October 26, 2021, S.S.'s petitioner filed a claim alleging that six-month childhood vaccines administered on November 25, 2019 caused left-thigh lipoatrophy. S.S. was born on May 24, 2019 and was six months old at vaccination.
The vaccines were Pentacel, covering DTaP, Hib, and IPV components, plus pneumococcal conjugate vaccine and hepatitis B vaccine. The causation dispute turned on the injection site and whether the left thigh indentation followed the vaccines or earlier antibiotic/steroid injections.
S.S. had received Kenalog in the right hip and clindamycin in the left hip on October 30, 2019. After the November vaccinations, the record described a left thigh indentation and bruised appearance, with first documented medical attention on December 26, 2019 and later concerns about range of motion, instability, and atrophy.
Treaters considered fatty necrosis and cosmetic lipoatrophy. Petitioner relied on dermatologist Dr.
Kyle Amber, who attributed the left thigh lipoatrophy to vaccination. Respondent relied on dermatologist Dr.
Ginette Okoye, who attributed the problem to the earlier clindamycin injection. Special Master Thomas L.
Gowen found entitlement after resolving the site and causation issues. A corrected stipulation later awarded an annuity for future benefit and $956.51 to satisfy an Oklahoma Health Care Authority Medicaid lien.
Theory of causation
Pentacel (DTaP/Hib/IPV), PCV, and hepatitis B vaccines November 25, 2019 at age six months causing left-thigh lipoatrophy/lipodystrophy. COMPENSATED. Key dispute: vaccine injection site versus earlier October 30, 2019 clindamycin/Kenalog injections. Petitioner expert Dr. Kyle Amber linked lipoatrophy to vaccination; respondent expert Dr. Ginette Okoye favored clindamycin. First documented visit December 26, 2019; history suggested changes by December 3, 2019. SM Gowen granted entitlement; corrected stipulation December 3, 2025 awarded annuity plus $956.51 Oklahoma Medicaid lien. Petition filed October 26, 2021.
Source PDFs
USCOURTS-cofc-1_21-vv-02073