Ashley Encinias v. HHS - Influenza, Bell's palsy, facial spasms, and dystonia (2017)
Case summary [AI summaries can sometimes make mistakes]
Ashley Encinias filed a petition on July 20, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccine administered on October 29, 2013, caused her to develop Bell's palsy, facial spasms, and dystonia, with residual effects lasting over six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused any injury. Despite this denial, the parties filed a joint stipulation for damages on December 8, 2016.
Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum award of $200,000.00, payable to Ashley Encinias, to compensate for all damages.
The decision was issued on January 23, 2017, with judgment to be entered in accordance with the stipulation unless a motion for review was filed. Petitioner was represented by Lawrence R.
Cohan of Anapol Weiss, and respondent was represented by Claudia B. Gangi of the United States Department of Justice.
The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert testimony.
Theory of causation
Petitioner Ashley Encinias alleged that an influenza vaccine administered on October 29, 2013, caused her to develop Bell's palsy, facial spasms, and dystonia, with residual effects lasting over six months. The respondent denied causation. The parties reached a joint stipulation for damages, which was adopted by Special Master Lisa Hamilton-Fieldman. The stipulation resulted in an award of $200,000.00. The specific theory of causation, medical experts, and the mechanism of injury were not detailed in the public decision. The case was settled via stipulation, with Petitioner represented by Lawrence R. Cohan and Respondent by Claudia B. Gangi. The decision date was January 23, 2017.
Source PDFs
USCOURTS-cofc-1_15-vv-00755