Wendy Hightower v. HHS - Tdap, abscess/sebaceous cyst (2025)

Filed 2023-09-12Decided 2025-01-10Vaccine Tdap
compensated$35,000

Case summary [AI summaries can sometimes make mistakes]

Wendy Hightower filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered an abscess/sebaceous cyst in her left shoulder as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccination she received on August 19, 2022. She further alleged that the injury caused residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the abscess was more likely than not caused by the Tdap vaccine at the same location and that no other causes were identified. Based on the respondent's concession and the evidence, the Chief Special Master issued a Ruling on Entitlement finding Ms.

Hightower entitled to compensation. Subsequently, the parties filed a Proffer on Award of Compensation.

The respondent recommended an award of $35,000.00 for pain and suffering, which was reduced to net present value. Ms.

Hightower agreed with this proffered award. The Chief Special Master issued a Decision Awarding Damages, awarding Ms.

Hightower a lump sum payment of $35,000.00 for pain and suffering, representing compensation for all damages available under the Act.

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