Fred Damaske v. HHS - Influenza, Bell's palsy (2014)
Case summary [AI summaries can sometimes make mistakes]
Fred Damaske filed a petition for compensation under the National Vaccine Injury Compensation Program on January 18, 2013. He alleged that a flu vaccination he received on January 22, 2010 caused him to develop Bell's palsy and that he experienced residual effects of this injury for more than six months.
The respondent denied that the flu vaccine caused petitioner's Bell's palsy or any other injury. Despite the denial, both parties agreed to a stipulation to settle the case.
Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
As part of the settlement, the respondent agreed to pay the petitioner a lump sum of $25,000.00, payable to Fred Damaske. This amount was intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a).
The public decision does not describe the specific onset of symptoms, clinical details of the Bell's palsy, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the injury. The decision also does not name petitioner's counsel or respondent's counsel.
Theory of causation
Petitioner Fred Damaske alleged that a flu vaccination received on January 22, 2010, caused him to develop Bell's palsy and experience residual effects for more than six months. Respondent denied causation. The parties reached a joint stipulation to settle the case. Special Master Thomas L. Gowen adopted the stipulation, awarding $25,000.00 as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, relying instead on the parties' agreement.
Source PDFs
USCOURTS-cofc-1_13-vv-00046