Nicolas Stabler v. HHS - Influenza, radial nerve and axillary nerve damage (2024)
Case summary [AI summaries can sometimes make mistakes]
Nicolas Stabler filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021. He alleged that he suffered radial nerve and axillary nerve damage as a result of an influenza vaccine he received on September 26, 2020.
Mr. Stabler claimed this was a Table injury and that he experienced residual effects for more than six months.
The respondent, the Secretary of Health and Human Services, denied that Mr. Stabler sustained a shoulder injury as defined in the Vaccine Injury Table, denied that the vaccine caused his alleged nerve injury or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation on January 9, 2024, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Mr.
Stabler was awarded a lump sum of $52,500.00, payable by check to Petitioner. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.
The decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. Petitioner was represented by Lawrence R.
Cohan of Saltz Mongeluzzi & Bendesky, and Respondent was represented by Julia Marter Collison of the U.S. Department of Justice.
Theory of causation
Petitioner Nicolas Stabler alleged a Table injury of radial nerve and axillary nerve damage resulting from an influenza vaccine received on September 26, 2020. Petitioner claimed residual effects for more than six months. Respondent denied causation and that the condition was a vaccine-related injury. The parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $52,500.00 for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific mechanism of injury, expert testimony, or the clinical progression of the alleged condition. Petitioner was represented by Lawrence R. Cohan, and Respondent by Julia Marter Collison. The decision date was February 13, 2024.
Source PDFs
USCOURTS-cofc-1_21-vv-00463