Gary Fazenbaker v. HHS - Influenza, cellulitis and significantly aggravated his multiple sclerosis (2016)

Gary Fazenbaker filed a petition on September 8, 2014, alleging that an influenza vaccine administered on October 5, 2011, caused him to develop cellulitis and significantly aggravated his pre-existing multiple sclerosis (MS). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused these conditions or any other injury.

Despite this denial, the parties reached a joint stipulation for damages. The stipulation stated that Fazenbaker would receive a lump sum of $15,000.00 as compensation for all damages available under the National Vaccine Injury Compensation Program.

Special Master Lisa Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Judgment was entered in accordance with the terms of the stipulation, with both parties waiving their right to seek review.

Petitioner counsel was Ronald Homer, and respondent counsel was Adriana Teitel. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses.

The specific mechanism of causation was not detailed in the public decision.