Robert Zampitella v. HHS - Influenza, Bell's Palsy (2023)
Case summary [AI summaries can sometimes make mistakes]
Robert Zampitella filed a petition for compensation under the National Vaccine Injury Compensation Program on August 23, 2021. He alleged that he suffered Bell's Palsy as a result of receiving an influenza vaccination on October 4, 2018.
Mr. Zampitella further alleged that he experienced residual effects from the condition for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Zampitella's condition.
Despite the denial, the parties filed a joint stipulation on August 7, 2023, agreeing that compensation should be awarded. Special Master Daniel T.
Horner found the stipulation to be reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Robert Zampitella was awarded a lump sum of $15,000.00, payable by check to the petitioner.
This amount was intended to compensate for all items of damages available under the Vaccine Act. The clerk of the court was directed to enter judgment in accordance with this decision, unless a motion for review was filed.
Petitioner's counsel was Laura Levenberg of Muller Brazil PA, and respondent's counsel was Christine Mary Becer of the U.S. Department of Justice.
Theory of causation
Petitioner Robert Zampitella alleged that he suffered Bell's Palsy as a result of his October 4, 2018 influenza vaccination and experienced residual effects for more than six months. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The Special Master adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. Robert Zampitella was awarded $15,000.00 as a lump sum. Special Master Daniel T. Horner issued the decision on September 6, 2023. Petitioner was represented by Laura Levenberg, and respondent by Christine Mary Becer.
Source PDFs
USCOURTS-cofc-1_21-vv-01743