L.M. v. HHS - MMR, cellulitis and subsequent scarring (2024)

Shelby McDonough, parent of L.M., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 16, 2024. L.M. received the diphtheria, tetanus, and acellular pertussis (DTap); measles, mumps, and rubella (MMR); varicella; and inactivated polio (IPV) vaccines on September 17, 2021.

Petitioner alleged that L.M. suffered from cellulitis and subsequent scarring as a result of these vaccinations. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 31, 2024, recommending that compensation be awarded.

The respondent stated that L.M. sustained cellulitis that was caused-in-fact by the vaccinations, noting that while it was not a Table injury, medical personnel concluded the cellulitis and residual hyperpigmentation on L.M.'s left thigh were more likely than not caused by the vaccinations. No other causes for L.M.'s cellulitis were identified, and the skin changes persisted for at least twenty-six months.

Special Master Thomas L. Gowen reviewed the record and agreed that L.M. is entitled to compensation for cellulitis and related sequelae, satisfying the requirements of the Vaccine Act, including that the residual symptoms lasted longer than six months.

The case will now proceed to the damages phase. Petitioner was represented by Christina Ciampolillo of Conway Homer, P.C., and respondent was represented by Meghan Murphy of the U.S.

Department of Justice. The public decision does not describe the onset or specific symptoms of the cellulitis, any diagnostic tests performed, or treatments received.