Douglas Bell v. HHS - Influenza, vaccine-induced neuropathy, tendonitis, right scapular dysfunction, and brachial neuritis (2021)
Case summary [AI summaries can sometimes make mistakes]
Douglas Bell filed a petition on July 24, 2019, alleging that an influenza vaccine administered on November 29, 2017, caused him to develop vaccine-induced neuropathy, tendonitis, right scapular dysfunction, and brachial neuritis. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated these conditions or any other injury.
Despite denying causation, the parties filed a joint stipulation recommending an award of compensation. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or expert witnesses. Douglas Bell was awarded $90,000.00 as a lump sum payment, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The parties renounced the right to seek review, and judgment was entered accordingly. Mark Theodore Sadaka represented the petitioner, and Camille Collett represented the respondent.
Theory of causation
Petitioner Douglas Bell alleged that an influenza vaccine administered on November 29, 2017, caused vaccine-induced neuropathy, tendonitis, right scapular dysfunction, and brachial neuritis. Respondent denied causation. The parties filed a joint stipulation for compensation, which Special Master Nora Beth Dorsey found reasonable and adopted. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The award was $90,000.00 as a lump sum. The decision was based on a stipulation, not on a finding of causation after litigation. Attorneys involved were Mark Theodore Sadaka for the petitioner and Camille Collett for the respondent. Special Master Nora Beth Dorsey issued the decision on October 19, 2021.
Source PDFs
USCOURTS-cofc-1_19-vv-01070