Dakota Palmore v. HHS - Influenza, Bell's palsy (2024)

Filed 2023-12-18Decided 2024-02-05Vaccine Influenza
compensated$75,850

Case summary [AI summaries can sometimes make mistakes]

Dakota Palmore filed a petition on December 18, 2023, seeking compensation under the National Vaccine Injury Compensation Program. Palmore alleged that she suffered from Bell's palsy as a result of receiving an influenza vaccine on or about September 30, 2019.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Palmore's alleged injuries or her current condition. Despite maintaining their positions, both parties agreed to settle the case through a joint stipulation filed on December 18, 2023.

Special Master Katherine E. Oler reviewed the stipulation and found it reasonable, adopting it as the court's decision.

The stipulation awarded Palmore a lump sum of $70,000.00, payable to her, and an additional $5,850.78 to reimburse a Medicaid lien for services rendered by the State of Washington. The latter amount was to be paid jointly to Palmore and Optum, with Palmore agreeing to endorse the check to Optum.

This award represents compensation for all damages available under the program. The decision was issued on February 5, 2024.

Petitioner was represented by Jessi Huff of Maglio, Christopher & Toale, and respondent was represented by Madelyn Weeks of the U.S. Department of Justice.

The public decision does not describe the onset of symptoms, specific clinical details, or any expert testimony.

Theory of causation

Petitioner Dakota Palmore alleged Bell's palsy caused by an influenza vaccine received on or about September 30, 2019. The respondent denied causation. The parties entered into a joint stipulation to settle the case, which was adopted by Special Master Katherine E. Oler. The stipulation awarded a lump sum of $70,000.00 to the petitioner and $5,850.78 for a Medicaid lien reimbursement. The case falls under the Vaccine Injury Table. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. The decision date was February 5, 2024. Petitioner's counsel was Jessi Huff, and respondent's counsel was Madelyn Weeks.

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