Seth Martins v. HHS - Influenza, Bell's palsy (2019)

Seth Martins filed a petition for compensation under the National Vaccine Injury Compensation Program on November 6, 2017, alleging that he suffered Bell's palsy as a result of receiving a Flu-Mist vaccine on November 7, 2014. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury.

The parties, maintaining their respective positions on causation, reached a stipulation to settle the case. The stipulation stated that the influenza vaccine is contained in the Vaccine Injury Table.

As part of the settlement, Seth Martins was awarded a lump sum of $65,000.00, payable to him, as compensation for all damages available under the program. This award represents a negotiated settlement of liability and damages.

The Special Master adopted the parties' stipulation, and judgment was entered accordingly. The decision was filed on September 23, 2019.

Petitioner was represented by Leah V. Durant of the Law Offices of Leah V.

Durant, and respondent was represented by Darryl R. Wishard of the U.S.

Department of Justice. Special Master Thomas L.

Gowen issued the decision.