Melissa Fisk v. HHS - Tdap, abscess/cellulitis (2024)
Case summary [AI summaries can sometimes make mistakes]
Melissa Fisk filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that after receiving a Boostrix (Tdap) vaccination on July 20, 2022, she developed redness, swelling, tenderness, and a lump at the injection site, which was diagnosed as an abscess/cellulitis. The respondent, the Secretary of Health and Human Services, reviewed the medical records and recommended that compensation be awarded.
The respondent concluded that the petitioner's condition was not a Table injury but found that the evidence supported that the abscess/cellulitis was more likely than not caused in fact by the Tdap vaccination. The respondent also noted that the petitioner suffered residual effects for more than six months.
The Special Master reviewed the record and agreed that the petitioner is entitled to compensation, and the matter will now proceed to the damages phase. The scope of damages is limited to the abscess/cellulitis and related treatment.
Source PDFs
USCOURTS-cofc-1_24-vv-00518