Dana Mowery v. HHS - Influenza, Bell's Palsy (2023)
Case summary [AI summaries can sometimes make mistakes]
Dana Mowery filed a petition under the National Vaccine Injury Compensation Program on February 7, 2022, alleging that she suffered Bell's Palsy as a result of receiving an influenza vaccine on August 13, 2020. She further alleged that she experienced residual effects of this injury for more than six months.
The respondent denied that the flu vaccine caused her condition or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite maintaining their positions, both parties agreed to settle the case via a stipulation filed on April 10, 2023.
Chief Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case.
Dana Mowery was awarded a lump sum of $46,366.02, payable to her, as compensation for all damages. This award was made under the National Vaccine Injury Compensation Program.
The public decision does not describe the onset of symptoms, specific clinical details of the Bell's Palsy, diagnostic tests, or treatments. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and the respondent was represented by Mallori Browne Openchowski of the U.S.
Department of Justice. The decision was issued on May 8, 2023.
Theory of causation
Petitioner Dana Mowery alleged that her August 13, 2020, influenza vaccine caused Bell's Palsy and residual effects lasting more than six months. Respondent denied causation. The parties settled the case via stipulation, agreeing to an award without admitting liability. The Special Master adopted the stipulation, awarding $46,366.02 for all damages. The case falls under the Vaccine Injury Table presumption for Bell's Palsy following an influenza vaccine. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Petitioner was represented by Laura Levenberg, and Respondent by Mallori Browne Openchowski. Chief Special Master Brian H. Corcoran issued the decision on May 8, 2023.
Source PDFs
USCOURTS-cofc-1_22-vv-00124