Steven E. Ovenden v. HHS - Influenza, encephalitis and cerebral venous thrombosis (2021)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Steven E. Ovenden filed a petition for compensation on January 23, 2019, alleging that the influenza vaccine he received on December 7, 2017, caused him to suffer encephalitis and cerebral venous thrombosis.
He further alleged that the residual effects of this injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated Mr.
Ovenden's alleged injuries. Despite the denial, the parties filed a joint stipulation for compensation.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
The stipulation awarded Mr. Ovenden a lump sum payment of $65,000.00, payable by check, as compensation for all damages.
The decision was filed on November 2, 2021. Petitioner counsel was Thomas W.
Costello of Costello, Valente & Gentry, and respondent counsel was Wei Kit Tai of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Steven E. Ovenden alleged that an influenza vaccine administered on December 7, 2017, caused encephalitis and cerebral venous thrombosis, with residual effects lasting more than six months. This condition is listed in the Vaccine Injury Table. Respondent denied causation or significant aggravation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a lump sum award of $65,000.00 for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. Petitioner counsel was Thomas W. Costello, and respondent counsel was Wei Kit Tai. The decision date was November 2, 2021.
Source PDFs
USCOURTS-cofc-1_19-vv-00117