Brendan Bixel v. HHS - Influenza, neurological injury, including peripheral neuropathy, radial neuritis, and complex regional pain syndrome (2023)
Case summary [AI summaries can sometimes make mistakes]
Brendan Bixel filed a petition on March 1, 2022, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a neurological injury, including peripheral neuropathy, radial neuritis, and complex regional pain syndrome, as a result of an influenza vaccine he received on September 16, 2020.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Bixel's alleged injuries or their residual effects.
Despite maintaining their respective positions, both parties entered into a joint stipulation to settle the case. Special Master Katherine E.
Oler reviewed the stipulation and found it to be reasonable, adopting it as the decision. The stipulation awarded Brendan Bixel a lump sum of $100,000.00, payable by check to the petitioner, as compensation for all available damages.
The decision was issued on October 4, 2023. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.
Andrew Downing represented the petitioner, and Andrew Henning represented the respondent.
Theory of causation
Petitioner Brendan Bixel alleged an "Off-Table" theory of causation, claiming a neurological injury, including peripheral neuropathy, radial neuritis, and complex regional pain syndrome, resulted from an influenza vaccine administered on September 16, 2020. The respondent denied causation. The parties entered into a joint stipulation to settle the case, which was deemed reasonable by Special Master Katherine E. Oler. The stipulation resulted in an award of $100,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered in reaching the settlement. The decision date was October 4, 2023, with the petition filed on March 1, 2022. Petitioner counsel was Andrew Downing, and respondent counsel was Andrew Henning.
Source PDFs
USCOURTS-cofc-1_22-vv-00228