Beverly Hales v. HHS - Influenza, left facial nerve palsy (2024)

Filed 2021-07-14Decided 2024-07-03Vaccine Influenza
compensated$30,000

Case summary [AI summaries can sometimes make mistakes]

Beverly Hales filed a petition on July 14, 2021, alleging that the influenza vaccine she received on October 30, 2018, caused her to suffer from left facial nerve palsy. She further alleged that she experienced residual effects from this injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her injury or any other condition, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, the parties reached 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 Court awarded Beverly Hales a lump sum of $30,000.00, payable by check to the petitioner, to compensate for all damages available under the program. This award represents a resolution of her claim, and judgment was entered accordingly.

The public decision was issued on July 3, 2024. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and respondent was represented by Mitchell Jones of the United States Department of Justice.

Theory of causation

Petitioner Beverly Hales alleged that the influenza vaccine administered on October 30, 2018, caused left facial nerve palsy, which is listed on the Vaccine Injury Table. Petitioner further alleged residual effects lasting more than six months. Respondent denied causation and sequelae. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a $30,000.00 lump sum award to the petitioner. Petitioner was represented by Laura Levenberg, and respondent by Mitchell Jones. The decision was filed on July 3, 2024.

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