In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-546V

Filed: October 7, 2016

Unpublished

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SANDRA R. HUGHES, *

*

Petitioner, * Ruling on Entitlement; Concession;

v. * Pneumococcal 13-Valent Conjugate;

* (“PCV” or “Prevnar 13”) Vaccination;

SECRETARY OF HEALTH * Hematoma, Cellulitis, Abscess;

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respondent. *

*

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Milton Clay Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for petitioner.

Lisa Watts, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On May 4, 2016, Sandra R. Hughes (“petitioner”) filed a petition for 

compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 

§300aa-10, et seq.,

2

(the “Vaccine Act” or “Program”). Petitioner alleges that she 

suffered cellulitis, a hematoma, and an abscess resulting from the pneumococcal 

conjugate vaccination she received on November 21, 2014. Petition at 1, ¶¶ 2, 7, 15. 

Petitioner further alleges that she received her vaccination in the United States, has

suffered the residual effects of her injury for more than six months, and that neither she 

nor any other party has filed a civil action or received an award or settlement for her

injury alleged as vaccine caused. Id. at ¶¶ 2, 16-17. The case was assigned to the 

Special Processing Unit of the Office of Special Masters.

 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended 

at 44 U.S.C. § 3501 note (2012)). 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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

On October 6, 2016, respondent filed her Rule 4(c) report in which she concedes 

that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report

and Proffer at 1. Specifically, respondent agrees that petitioner’s cellulitis, hematoma, 

and abscess at the vaccination site were more likely than not caused by the November 

21, 2014, Prevnar 13 vaccination.” Id. at 4. Respondent further indicates “[n]o other 

causes for petitioner’s injuries have been identified, . . . [and] petitioner has satisfied all 

legal prerequisites for compensation under that Act.” Id. (citations omitted).

In view of respondent’s concession and the evidence before me, I find that 

petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master