A.B. v. HHS - Hepatitis B, Bell's palsy (2025)
Case summary [AI summaries can sometimes make mistakes]
A.B., a 46-year-old pharmacist, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 21, 2017, alleging that a hepatitis B vaccination received on October 2, 2014, caused him to develop Bell's palsy. The Special Master issued a Ruling on Entitlement on September 20, 2021, finding that A.B. was entitled to compensation.
The case then proceeded to the damages phase. A subsequent ruling on June 26, 2024, addressed A.B.'s claim for lost wages, awarding compensation for the period of October 6 to October 17, 2014.
The final decision on November 14, 2025, awarded A.B. a total of $129,346.32. This amount included $125,000.00 for pain and suffering, $3,131.00 for lost wages, and $1,215.32 for past unreimbursable expenses.
The court found that while A.B. experienced a moderately severe Bell's palsy with some emotional distress, his physical recovery was excellent, and his emotional distress was not consistently attributed to the Bell's palsy after April 2016. The court also noted inconsistencies in A.B.'s affidavits compared to contemporaneous medical records, particularly regarding his pre-vaccination health and the duration of his symptoms.
The final award reflects the severity and duration of his Bell's palsy and associated emotional distress, while acknowledging his good physical recovery and the limited timeframe of distress directly linked to the vaccine injury. Petitioner was represented by Richard Gage of Richard Gage, P.C., and the Respondent was represented by Colleen Clemons Hartley of the U.S.
Department of Justice. Special Master Nora Beth Dorsey presided over the case.
Theory of causation
Third hepatitis B vaccine on October 2, 2014, age 46, followed four days later by Bell's palsy. COMPENSATED. Petitioner relied on Dr. Marcel Kinsbourne and Dr. Vera Byers, including innate immune/Toll-like receptor cytokine inflammation and demyelination of the facial nerve. Respondent disputed causation. Entitlement was granted September 20, 2021, damages proceedings followed, and final damages decision was filed October 20, 2025; award recorded as $129,346.