VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00124
Package ID: USCOURTS-cofc-1_22-vv-00124
Petitioner: Dana Mowery
Filed: 2023-02-07
Decided: 2023-05-08
Vaccine: influenza
Vaccination date: 2020-08-13
Condition: Bell's Palsy
Outcome: compensated
Award amount USD: 46366

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00124-0
Date issued/filed: 2023-05-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/10/2023) regarding 20 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (saj) Service on parties made.
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Case 1:22-vv-00124-UNJ Document 24 Filed 05/08/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-124V
* * * * * * * * * * * * * * * * * * * * * * * * *
* Chief Special Master Corcoran
DANA MOWERY, *
*
Petitioner, * Filed: April 10, 2023
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Laura Levenberg, Muller Brazil, Dresher, PA, for Petitioner.
Mallori Browne Openchowski, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 7, 2022, Dana Mowery filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she
suffered from Bell’s Palsy as a result of her August 13, 2020, receipt of the influenza (“flu”)
vaccine. Moreover, Petitioner alleges that she experienced residual effects of this injury for more
than six months.
1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States
Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain
kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which
to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial
in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which
would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will
be available to the public. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:22-vv-00124-UNJ Document 24 Filed 05/08/23 Page 2 of 7
Respondent denies that the flu vaccine caused Petitioner to suffer Bell’s Palsy, or any other
injury. Respondent also denies that her current disabilities are a sequala of a vaccine-related injury.
Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation
(filed on April 10, 2023) that the issues before them could be settled, and that a decision should be
entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
• A lump sum of $46,366.02 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.

Case 1:22-vv-00124-UNJ Document 24 Filed 05/08/23 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DANA MOWERY,
Petitioner, No. 22-124V
Chief Special Master Corcoran
V.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Dana Mowery, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The
petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza
("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. §
100.3 (a).
2. Petitioner received a flu vaccine on or about August 13, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the flu immunization she received on or about August 13, 2020
caused her to develop Bell's Palsy, and further alleges that she suffered the residual effects of this
injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
6. Respondent denies that the flu vaccine caused petitioner's alleged Bell's Palsy or any
other injury, and further denies that her current disabilities are a sequela of a vaccine-related injury.
Page I of 5

Case 1:22-vv-00124-UNJ Document 24 Filed 05/08/23 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue the
following vaccine compensation payment:
A lump sum of$46,366.02 in the form of a check payable to petitioner, representing
compensation for all damages that would be available under 42 U.S.C. § 300aa-
15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C.
§ 300aa-21(a)(l), and an application, the parties will submit to further proceedings before the
special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that they have identified to respondent all known
sources of payment for items or services for which the Program is not primarily liable under 42
U.S.C. § 300aa-15(g), including State compensation programs, insurance policies, Federal or State
health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et
seq.)), or entities that provide health services on a prepaid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the
availability of sufficient statutory funds.
Page 2 of 5

Case 1:22-vv-00124-UNJ Document 24 Filed 05/08/23 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual
capacity, and on behalf of her heirs, executors, administrators, successors, and assigns, does
forever irrevocably and unconditionally release, acquit and discharge the United States and the
Secretary of Health and Human Services from any and all actions or causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in the
United States Court of Federal Claims, under the National Vaccine Injury Compensation Program,
42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
alleged to have resulted from, the flu vaccination administered on or about August 13, 2020, as
alleged by petitioner in a petition for vaccine compensation filed on or about February 7, 2022, in
the United States Court of Federal Claims as petition No. 22-124V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms of
this Stipulation or if the United States Court of Federal Claims fails to enter judgment in
conformity with a decision that is in complete conformity with the terms of this Stipulation, then
the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party.
Page 3 of 5

Case 1:22-vv-00124-UNJ Document 24 Filed 05/08/23 Page 6 of 7
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or do any act or thing other than is herein expressly stated and
clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged Bell's
Palsy or any other injury or any of her current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
Page 4 of 5

Case 1:22-vv-00124-UNJ Document 24 Filed 05/08/23 Page 7 of 7
Respectfully submitted,
PETITIONER:
DANA MOWERY
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~~
LAURA LEVENBERG HEATHER L. PEARLMAN
MULLER BRAZIL LLP Deputy Director
715 Twining Road Torts Branch
Suite 107 Civil Division
Dresher, PA 19025 U.S. Department of Justice
(215) 885-1655 P. 0. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRETARY OF HEALTH AND RESPONDENT:
HUMAN SERVICES:
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by Mcmillan -S3 ~;:~~2~°:1~3
CDR GEORGE REED GRIMES, MD, MPH MALLORI B. OPENCHOWSKI
Director, Division oflnjury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, D.C. 20044-0146
and Human Services Tel: (202) 305-0660
5600 Fishers Lane, 08N146B mallori. b.openchowski@usdoj.gov
Rockville, MD 20857
Dated: o~ /10/UJl3
Page 5 of 5