Ronald Sturdevant v. HHS - Influenza, Bell's palsy (2024)

Ronald Sturdevant, a 51-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 6, 2017, alleging that an influenza vaccine administered on November 3, 2015, caused him to develop Bell's palsy. Mr.

Sturdevant's medical history included obesity, diabetes mellitus type 2, hypertension, osteoarthritis, allergic rhinitis, and sleep apnea. He received the flu vaccine in his left arm.

The following day, he experienced right-sided facial numbness, and was diagnosed with Bell's palsy by his primary care physician, Dr. Christopher R.

Depner. Dr.

Depner prescribed prednisone and Famvir, and advised eye patching. Subsequent examinations showed continued facial nerve paresis, with improvement noted over time, though residual weakness persisted.

Petitioner's expert, Dr. M.

Eric Gershwin, opined that the flu vaccine caused Bell's palsy through an innate immune response, leading to inflammation and compression of the facial nerve. Respondent's experts, Dr.

Vinay Chaudhry and Dr. Neil Romberg, argued against this theory, suggesting alternative causes like herpes virus or ischemia, and questioning the anatomical and immunological plausibility of the vaccine-induced inflammatory response reaching the facial nerve.

The Special Master, Nora Beth Dorsey, issued a ruling on entitlement on July 19, 2022, finding that Mr. Sturdevant proved by a preponderance of the evidence that the flu vaccine caused his Bell's palsy, satisfying the three prongs of the Althen test for off-Table claims.

The Special Master denied petitioner's motion to strike Dr. Chaudhry's testimony.

The case then proceeded to damages. On February 12, 2024, Special Master Dorsey awarded Mr.

Sturdevant $100,000.00 for pain and suffering and $158.53 for past unreimbursable expenses, totaling $100,158.53. The award considered the duration and severity of the injury, including residual weakness, pain, and the petitioner's fear of losing his employment due to the condition.

Respondent sought review of the entitlement decision, which was denied by Senior Judge Charles F. Lettow on May 29, 2024, affirming the Special Master's findings.