Venetia Royster v. HHS - DTaP, intramuscular MRSA abscess / nonspecific mass on left leg (2025)

On March 31, 2023, Venetia Royster filed a petition on behalf of her minor daughter, M.L., alleging that M.L. developed an intramuscular MRSA abscess or nonspecific mass at the site of a DTaP vaccination administered on January 24, 2022. Respondent conceded entitlement.

The concession stated that M.L. developed a nonspecific mass on the left leg that was more likely than not caused by the DTaP vaccine given at that same location, that no other causes had been identified, and that the severity requirement was met through hospitalization and surgical intervention or residual effects. The public proffer does not state M.L.'s exact age, the full hospital course, operative details, or later functional recovery.

Special Master Thomas L. Gowen found entitlement on April 5, 2024.

On January 23, 2025, he adopted the parties' damages proffer. The award consisted of $38,000.00 to purchase an annuity for pain and suffering, with scheduled future payments in 2042, 2045, and 2048, and $22,087.45 to satisfy a North Carolina Medicaid lien.

The proffer noted that when M.L. receives the future annuity payments she will be an adult, and that a North Carolina guardian ad litem would be required for approval. M.L. was represented by Heather Pearlman.