Cathy Bruno v. HHS - HPV, left cranial nerve VI palsy (2016)
Case summary [AI summaries can sometimes make mistakes]
On December 17, 2015, Cathy Bruno, as the parent and natural guardian of C.B., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that C.B. suffered a left cranial nerve VI palsy as a result of receiving a human papillomavirus (HPV) vaccine on July 11, 2014, and experienced residual effects of this injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the HPV vaccination caused C.B.'s condition or any other injury, and also denied that C.B. experienced residual effects for more than six months. Despite these denials, the parties reached a joint stipulation for damages.
Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded C.B. compensation totaling $53,704.
This amount included a lump sum of $3,704.67 to satisfy a Medicaid lien, payable jointly to the petitioner and the Department of Human Services, with the petitioner agreeing to endorse the payment to the Department. Additionally, a lump sum payment of $50,000.00 was awarded, payable to Cathy Bruno as guardian/conservator of C.B.'s estate, to cover all other damages.
The decision was issued on October 17, 2016. Petitioner's counsel was Jeffrey A.
Golvash of Brennan, Robins & Daley, P.C., and respondent's counsel was Heather L. Pearlman of the United States Department of Justice.
The public decision does not describe the onset of symptoms, specific clinical details of the palsy, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the injury.
Theory of causation
Petitioner alleged that a human papillomavirus (HPV) vaccine administered on July 11, 2014, caused a left cranial nerve VI palsy in minor C.B., with residual effects lasting more than six months. Respondent denied causation and residual effects. The parties reached a joint stipulation for damages, which was approved by Special Master Lisa Hamilton-Fieldman on October 17, 2016. The stipulation awarded $3,704.67 for a Medicaid lien and $50,000.00 for all other damages, totaling $53,704. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. Petitioner's counsel was Jeffrey A. Golvash, and respondent's counsel was Heather L. Pearlman.
Source PDFs
USCOURTS-cofc-1_15-vv-01537