# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 546 V

Filed: October 7, 2016

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

SANDRA R. HU GHES

, *

*

Petitioner, * Ruling on Entitlement; Concession;

v. * Pneumococcal 13

- Valent Conjugate ;

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

SECRETARY OF HEALTH * Hematoma, Cellulitis, Ab s cess ;

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

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Milton Clay Ragsdale, IV, Ragsdale LLC, Birmingham, AL

, for petitioner.

Lisa Watts

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

RULING ON ENTITLEMENT 1

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”)

. Peti tioner alleges that s he

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

conjugate vaccination she received on November 21, 2014. Petit ion at 1

, ¶¶ 2, 7, 15

. P etitioner further alleges that s he received her vaccination in the United States, has

suff ered 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 receive d an award or settlement for her

injury alleged as vaccine caused. I d. 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the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 amende d

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 wil l 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) r eport in which she concedes

that petitioner is entitled to compensa tion 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

2 1, 2014, Prevnar 13 vaccination

. ” Id. at 4

. R espondent 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 entitle d to compensation

.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master