Teresa Valdez v. HHS - Influenza, trigeminal sensory neuropathy and vertigo (2014)
Case summary [AI summaries can sometimes make mistakes]
Teresa Valdez filed a petition on August 6, 2013, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on November 29, 2011, caused her to develop trigeminal sensory neuropathy and vertigo. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused the petitioner's alleged injuries.
Despite the denial, both parties entered into a joint stipulation on July 21, 2014, to resolve the case. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
Under the terms of the stipulation, Teresa Valdez was awarded a lump sum of $95,000.00, payable to her, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum of $12,500.00 was awarded for attorneys' fees and costs, payable jointly to Teresa Valdez and her attorney, Andrew D.
Downing of Hennelly & Steadman, PLC. The petitioner represented that she incurred no personal out-of-pocket litigation expenses.
The decision was posted on the Court of Federal Claims website, with parties having 14 days to request redactions.
Theory of causation
Petitioner Teresa Valdez alleged that an influenza vaccine received on November 29, 2011, caused trigeminal sensory neuropathy and vertigo. Respondent denied causation. The parties reached a joint stipulation on July 21, 2014, which was adopted by Special Master Nora Beth Dorsey. The stipulation resulted in an award of $95,000.00 for damages and $12,500.00 for attorneys' fees and costs, payable jointly to petitioner and her counsel, Andrew D. Downing of Hennelly & Steadman, PLC. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details of the alleged injury or its onset.
Source PDFs
USCOURTS-cofc-1_13-vv-00549