Filed: Feb. 07, 2020
Latest Update: Feb. 07, 2020
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 . BRIAN H. CORCORAN , CHief Special Master . Special Processing Unit (SPU); Ruling on Entitlement; Concession; Causation-In-Fact; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Measles Mumps Rubella Varicella (MMRV) Vaccine; Cellulitis;. Infection; Abscess; Scarring; Disfigurement On February 25, 2019, Emily Baker filed a petition on behalf of her minor child, L.M.B., for compensation under the National Vaccine Injury Compensation Program, 42 U.
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 . BRIAN H. CORCORAN , CHief Special Master . Special Processing Unit (SPU); Ruling on Entitlement; Concession; Causation-In-Fact; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Measles Mumps Rubella Varicella (MMRV) Vaccine; Cellulitis;. Infection; Abscess; Scarring; Disfigurement On February 25, 2019, Emily Baker filed a petition on behalf of her minor child, L.M.B., for compensation under the National Vaccine Injury Compensation Program, 42 U.S..
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UNPUBLISHED
RULING ON ENTITLEMENT1.
BRIAN H. CORCORAN, CHief Special Master.
Special Processing Unit (SPU); Ruling on Entitlement; Concession; Causation-In-Fact; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Measles Mumps Rubella Varicella (MMRV) Vaccine; Cellulitis;. Infection; Abscess; Scarring; Disfigurement
On February 25, 2019, Emily Baker filed a petition on behalf of her minor child, L.M.B., for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the "Vaccine Act"). Petitioner alleges that L.M.B. sustained injuries, specifically "left thigh cellulitis, infection, abscess requiring surgical incision and drainage, and significant scarring and disfigurement, that were caused-in-fact by adverse effects of the DTap and MMRV vaccinations . . . administered in L.M.B.'s left thigh on February 27, 2017." Petition at 1; accord. id. at ¶¶ 2, 16. Petitioner further alleges that L.M.B. received the vaccination in the United States, that L.M.B. suffered the residual effects of her injuries for more than six months and required surgery and an inpatient hospitalization, and that neither she nor any other party has filed a civil action or received compensation for L.M.B.'s injuries, alleged as vaccine caused. Id. at ¶¶ 2, 17-18. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On February 7, 2020, 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 "has concluded that a preponderance of the medical evidence establishes that L.M.B.'s left thigh cellulitis and abscess was caused-in-fact by one or more of the vaccines she received on February 27, 2017." Id. at 4. Respondent further agrees that "based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act." Id.
In view of Respondent's position and the evidence of record, I find that Petitioner is entitled to compensation.
IT IS SO ORDERED.
