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UNPUBLISHED 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 representative 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 Justice, Washington, DC, for respondent. 

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On May 23, 2017, 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”). Petitioner alleges that D.E. developed an abscess requiring surgery as a result of 

his measles, mumps and rubella (“MMR”) vaccine, pneumococcal 13-valent conjugate 

(“PCV 13”) vaccine, hepatitis A (“Hep A”) vaccine, influenza (“flu”) 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 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. 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 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). 
On October 12, 2017, respondent filed his Rule 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, respondent 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 filed in this case and conclude that 

D.E. developed right leg cellulitis and abscess, which were more likely 

than not caused by administration of the 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 six months, or result in “inpatient 

hospitalization and surgical intervention” as required by 42 U.S.C. § 

300aa-11(c)(1)(D)(i),(iii). Therefore, based on the record as it now stands, 

petitioner has satisfied all legal prerequisites for compensation under the 

Act. 

Id. at 4. 

 In view of respondent’s position 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