S.R.C. v. HHS - Varicella, disseminated varicella vaccine-strain viral disease causing death (2024)

On October 25, 2023, Jennifer Wagner, on behalf of the estate of S.R.C., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that S.R.C. received a varicella vaccination on January 6, 2022, subsequently developed disseminated varicella vaccine-strain viral disease, and died on April 14, 2022.

The respondent, the Secretary of Health and Human Services, filed a report on January 22, 2024, conceding that the petitioner was entitled to compensation. The respondent stated that S.R.C. was entitled to a presumption of causation because the disseminated varicella vaccine-strain viral disease met the criteria of the Vaccine Injury Table.

Specifically, the respondent noted that S.R.C. had identified vaccine-strain varicella zoster virus (VZV), received the varicella vaccine in his right arm, later developed VZV-positive lesions on his left knee, and had VZV detected in his blood. This was found to meet the Table injury definition for disseminated varicella vaccine-strain viral disease, defined as a varicella illness involving the skin beyond the vaccination dermatome and/or disease caused by vaccine-strain varicella in another organ.

The respondent also concluded that there was no preponderant evidence that S.R.C.'s condition was due to an unrelated factor and that the disseminated vaccine-strain viral disease resulted in his death. Special Master Nora Beth Dorsey reviewed the respondent's concession and the record, finding that the petitioner was entitled to compensation.

The case was ordered to proceed to the damages phase. The public record does not include details regarding S.R.C.'s age, the relationship of Jennifer Wagner to S.R.C., pre-vaccination medical history, the day-by-day clinical course, treating physicians, hospitalization records, postmortem findings, or a damages decision and award amount.

Petitioner was represented by Elizabeth Kyla Abramson of Maglio Christopher & Toale, P.A., and respondent was represented by Dorian Hurley of the U.S. Department of Justice.