Hughes v. Secretary of Health and Human Services
16-546
| Fed. Cl. | Feb 2, 2017Background
- Petitioner Sandra R. Hughes filed a Vaccine Act claim alleging cellulitis, hematoma, and an abscess at the injection site after receiving the 13-valent pneumococcal conjugate vaccine (Prevnar 13) on November 21, 2014.
- Petitioner alleges the injuries were vaccine-caused, occurred in the U.S., produced residual effects for more than six months, and no civil action or prior award exists.
- The case was assigned to the Office of Special Masters’ Special Processing Unit (SPU).
- Respondent filed a Rule 4(c) report conceding entitlement, stating the vaccine more likely than not caused the cellulitis, hematoma, and abscess, and that no alternative cause was identified.
- Based on respondent’s concession and the record, the Chief Special Master found petitioner entitled to compensation and issued a ruling in petitioner’s favor.
Issues
| Issue | Hughes’s Argument | HHS’s Argument | Held |
|---|---|---|---|
| Whether petitioner’s cellulitis, hematoma, and abscess were caused by the Prevnar 13 vaccination | Vaccine caused the local adverse events after 11/21/2014 vaccination | Conceded that the vaccination more likely than not caused the injuries | Entitlement granted — concession accepted and petitioner entitled to compensation |
| Whether legal prerequisites for compensation were met | Petitioner met statutory requirements (injury, location, residual effects, no prior recovery) | No dispute; respondent acknowledged prerequisites satisfied | Court found all legal prerequisites satisfied |
Key Cases Cited
- None (opinion does not rely on any published reported judicial opinions)
