# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17-682V Filed: October 12, 2017

UNPUBLISHED

TANITHA JACKSON

, as the legal represent ative of her minor son, D. E.,,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Ruling on Entitlement; Concession; Causation-In-Fact; Pneumococcal Conjugate Vaccine; Varicella Vaccine; Cellulitis; Abscess

Curtis R. Webb, Twin Falls, ID, for petitioner. Lisa Ann Watts, U.S. Department of Ju stice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey , Chief Special Master:

On May 23, 2017, petitioner filed a petit ion for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that D.E. develope d an abscess requiring surgery as a result of
his measles, mumps and rubella (“MMR”) vacci ne, pneumococcal 13-valent conjugate (“PCV 13”) vaccine, hepatitis A (“Hep A”) vaccine, influenza (“f lu”) vaccine, and varicella vaccine administered on October 13, 2016. Petition at 1-3. The case was assigned to the Special Processing Unit of the Office of Special Masters.

1 Because this unpublished ruling contains a reaso ned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he 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).On October 12, 2017, respondent filed his Ru le 4(c) report in which he concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report

at 1. Specifically, res pondent indicates that

[m]edical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services (“DICP”), have reviewed the Petition and supporting documentation f iled in this case and conclude that D.E. developed right leg cellulitis and abscess, which were more likely than not caused by administration of t he varicella and/or PCV vaccines in his right thigh. No other causes for D.E.’s injuries have been identified. See 42 U.S.C. § 300aa-13(a)(1)(B). In addition, given the medical records outlined above, petitioner has satisfied the statutory requirement that D.E.’s injury last for at least si x months, or result in “inpatient hospitalization and surgical intervent ion” as required by 42 U.S.C. § 300aa-11(c)(1)(D)(i),(iii). T herefore, based on the record as it now stands, petitioner has satisfied all legal pr erequisites for compensation under the
Act.

Id. at 4.

In view of respondent’s positio n and the evidence of record, the undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master