Seth Martins v. HHS - Influenza, Bell's palsy (2019)
Case summary [AI summaries can sometimes make mistakes]
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 October 15, 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.
Theory of causation
Petitioner Seth Martins received an influenza (Flu-Mist) vaccine on November 7, 2014, and alleged Bell's palsy as a result. The respondent denied causation. The parties stipulated to settle the case, acknowledging that influenza vaccine is on the Vaccine Injury Table. The stipulation does not detail the specific mechanism of injury or provide expert testimony. The case was settled via stipulation for a lump sum award of $65,000.00. Special Master Thomas L. Gowen issued the decision on October 15, 2019. Petitioner counsel was Leah V. Durant, and respondent counsel was Darryl R. Wishard. The stipulation explicitly states it is not an admission of Table injury or causation.
Source PDFs
USCOURTS-cofc-1_17-vv-01741