VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00518
Package ID: USCOURTS-cofc-1_24-vv-00518
Petitioner: Melissa Fisk
Filed: 2024-09-10
Decided: 2024-10-07
Vaccine: Tdap
Vaccination date: 2022-07-20
Condition: abscess/cellulitis
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00518-0
Date issued/filed: 2024-10-07
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 09/10/2024) regarding 17 Ruling on Entitlement. Signed by Special Master Nora Beth Dorsey. (aevw) Service on parties made.
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Case 1:24-vv-00518-UNJ Document 19 Filed 10/07/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 10, 2024
* * * * * * * * * * * * * * *
MELISSA FISK, *
*
Petitioner, * No. 24-518V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH *
* Ruling on Entitlement; Tdap;
* Abscess/Cellulitis.
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Ryan Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 4, 2024, Melissa Fisk (“Petitioner”) filed a petition for compensation under the
National Vaccine Injury Compensation Program (“the Program”)2 alleging that after receipt of a
Boostrix vaccination (tetanus-diphtheria-acellular pertussis (Tdap)) on July 20, 2022, she
developed redness, swelling, tenderness, and a lump at the injection site which was thereafter
diagnosed as an abscess/cellulitis. Petition at Preamble (ECF No. 1).
1 Because this Ruling contains a reasoned explanation for the action in this case, the undersigned
is required to post it on the United States Court of Federal Claims’ website and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of
Electronic Government Services). This means the Ruling will be available to anyone with
access to the Internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would
constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the
identified material fits within this definition, the undersigned will redact such material from
public access.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 to -34 (2018). All citations in this Ruling to individual sections of the
Vaccine Act are to 42 U.S.C. § 300aa.
1

Case 1:24-vv-00518-UNJ Document 19 Filed 10/07/24 Page 2 of 2
On September 9, 2024, Respondent filed a report pursuant to Vaccine Rule 4(c) in which
he “recommend[ed] that compensation be awarded.” Respondent’s Report (“Resp. Rept.”) at 1
(ECF No. 16). Based on a review of the medical records, Respondent found that Petitioner has
not alleged a Table injury, “[P]etitioner has not articulated a specific Table injury, nor does the
record support a Table injury.” Id. at 5. Notwithstanding, Respondent concluded “that
preponderant evidence on the current record supports that [P]etitioner’s abscess/cellulitis was
more likely than not caused in fact by the Tdap vaccination she received on
July 20, 2022.” Id. Respondent found “Petitioner moreover ‘suffered the residual effects or
complications’ of a vaccine-related injury for more than six months after the administration of
the vaccine. Id. (quoting 42 U.S.C. § 300aa-11(c)(1)(D)(i)).
Respondent notes that the “scope of damages is limited to [P]etitioner’s abscess/cellulitis
and related treatment.” Id. at 5. The undersigned agrees.
A special master may determine whether a petitioner is entitled to compensation based
upon the record as a hearing is not required. § 13; Vaccine Rule 8(d). In light of Respondent’s
recommendation and a review of the record, the undersigned finds that Petitioner is entitled to
compensation. This matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_24-vv-00518-1
Date issued/filed: 2025-01-10
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/16/2024) regarding 28 DECISION Proffer. Signed by Special Master Nora Beth Dorsey. (aevw) Service on parties made.
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Case 1:24-vv-00518-UNJ Document 31 Filed 01/10/25 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 16, 2024
* * * * * * * * * * * * * * *
MELISSA FISK, *
*
Petitioner, * No. 24-518V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Damages Award; Tetanus-Diphtheria-
AND HUMAN SERVICES, * Acellular Pertussis (“Tdap”) Vaccine;
* Abscess/Cellulitis.
Respondent. *
*
* * * * * * * * * * * * * * *
Jeffery S. Pop, Jeffery S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES BASED ON PROFFER1
On April 4, 2024, Melissa Fisk (“Petitioner”) filed a petition for compensation under the
National Vaccine Injury Compensation Program (“Vaccine Act” or “the Program”), 42 U.S.C. §
300aa-10 et seq. (2018).2 Petitioner alleged that as a result of a tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine administered on July 20, 2022, she suffered from an abscess/cellulitis.
Petition at Preamble (ECF No. 1). On September 9, 2024, Respondent filed his Rule 4(c) report
recommending that compensation be awarded. Respondent’s Report, filed Sept. 9, 2024 (ECF
No. 16) at 1. On September 10, 2024, the undersigned issued a ruling finding Petitioner entitled
to compensation. Ruling on Entitlement dated Sept. 10, 2024 (ECF No. 17).
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it on the United States Court of Federal Claims’ website and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of
Electronic Government Services). This means the Decision will be available to anyone with
access to the Internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify
and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified
material fits within this definition, the undersigned will redact such material from public access.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 to -34 (2018). All citations in this Decision to individual sections of the
Vaccine Act are to 42 U.S.C. § 300aa.

Case 1:24-vv-00518-UNJ Document 31 Filed 01/10/25 Page 2 of 4
On December 13, 2024, Respondent filed a Proffer on Award of Compensation
(“Proffer”), attached hereto as Appendix A. In the Proffer, Respondent represented that
Petitioner agrees with the proffered award. Proffer at 1. Based on the record as a whole, the
undersigned finds that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards Petitioner:
(1) A lump sum payment of $105,934.02, representing compensation for actual and
projected pain and suffering ($100,000.00) and past unreimbursed expenses
($5,934.02), in the form of a check payable to Petitioner.
Proffer at 1. This amount represents all elements of compensation to which petitioner is entitled
under § 15(a). Id.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
the Court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

Case 1:24-vv-00518-UNJ Document 31 Filed 01/10/25 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MELISSA FISK,
Petitioner,
v. No. 24-518V
Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 4, 2024, Melissa Fisk (petitioner) filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, alleging that she
received a Boostrix vaccination (tetanus-diphtheria-acellular pertussis) on July 20, 2022, and
thereafter suffered from an abscess/cellulitis. See Petition ¶¶ 6, 49. On September 9, 2024, the
Secretary of Health and Human Services (respondent) filed his Rule 4(c) Report recommending
that compensation be awarded. ECF No. 16. On September 10, 2024, the Special Master issued
a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 17. Respondent
now proffers the following compensation:
A lump sum of $105,934.02 in the form of a check payable to petitioner. This
amount represents compensation for all damages available under 42 U.S.C.
§ 300aa-15(a).1
Petitioner agrees with the foregoing proffered award.2 Petitioner is a competent adult.
Evidence of guardianship is not required in this case.
1 This amount represents an award of $100,000.00 for actual and projected pain and suffering at
net present value, and $5,934.02 for past unreimbursed expenses. This proffer does not include
any award for attorneys’ fees and costs that may be awarded pursuant to 42 U.S.C. § 300aa-
15(e).

Case 1:24-vv-00518-UNJ Document 31 Filed 01/10/25 Page 4 of 4
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/ RYAN D. PYLES
RYAN D. PYLES
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-9847
ryan.pyles@usdoj.gov
DATED: December 13, 2024
2 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings,
future expenses, and future pain and suffering.
2