Misty Fankell v. HHS - Influenza, Bell's palsy (2016)
Case summary [AI summaries can sometimes make mistakes]
Misty Fankell filed a petition for compensation on October 1, 2015, alleging that the influenza vaccine she received on October 15, 2013, caused her to develop Bell's palsy and that she suffered residual effects for more than six months. The respondent denied that the vaccine caused her condition or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury.
The parties ultimately reached a stipulation, which Special Master Christian J. Moran adopted as the decision of the Court.
The stipulation awarded Ms. Fankell a lump sum of $50,000.00 for all damages.
Subsequently, on November 23, 2015, Ms. Fankell filed a stipulation for attorneys' fees and costs.
The respondent did not object to the requested amount of $17,980.53. The Court awarded this amount, resulting in a total compensation of $67,980.53, paid as a lump sum check to petitioner Misty Fankell and her attorney, Amber D.
Wilson, Esq. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.
The theory of causation is based on the Vaccine Injury Table.
Theory of causation
Petitioner Misty Fankell alleged that the influenza vaccine received on October 15, 2013, caused Bell's palsy, with residual effects lasting more than six months. Respondent denied causation. The parties stipulated to compensation. The Special Master adopted the stipulation, awarding $50,000.00 for damages and $17,980.53 for attorneys' fees and costs, for a total of $67,980.53. The theory of causation is based on the Vaccine Injury Table. No specific medical experts or detailed mechanism of injury were described in the public decision. The decision was issued by Special Master Christian J. Moran on January 7, 2016, based on stipulations filed by petitioner's counsel Amber D. Wilson and respondent's counsel Lisa A. Watts.
Source PDFs
USCOURTS-cofc-1_14-vv-01160