VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00536
Package ID: USCOURTS-cofc-1_22-vv-00536
Petitioner: Dakota Palmore
Filed: 2023-12-18
Decided: 2024-02-05
Vaccine: influenza
Vaccination date: 2019-09-30
Condition: Bell's palsy
Outcome: compensated
Award amount USD: 75850

AI-assisted case summary:
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 field:
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.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00536-0
Date issued/filed: 2024-02-05
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 12/18/2023) regarding 35 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00536-UNJ Document 42 Filed 02/05/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-536V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
DAKOTA PALMORE,
*
* Filed: December 18, 2023
Petitioner, *
*
*
v.
*
*
SECRETARY OF HEALTH AND *
*
HUMAN SERVICES,
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Jessi Huff, Maglio, Christopher & Toale, Seattle, WA, for Petitioner
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On May 13, 2022, Dakota Palmore (“Petitioner”) filed a petition, seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF
No. 1. Petitioner alleges she suffered from Bell’s palsy as a result of the influenza (“flu”)
vaccination she received on or about September 30, 2019. See Stipulation ¶ 2, 4, dated December
18, 2023 (ECF No. 34); see also Petition.
Respondent denies “that the flu vaccines caused petitioner’s alleged injuries or any other
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet. 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 Decision in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:22-vv-00536-UNJ Document 42 Filed 02/05/24 Page 2 of 8
injury, or her current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining
their above-stated positions, agreed in a stipulation filed December 18, 2023, that the issues before
them can 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
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
a) A lump sum of $70,000.00 in the form of a check payable to petitioner; and
b) A lump sum of $5,850.78, representing reimbursement of a Medicaid lien for services
rendered to Petitioner by the State of Washington, in the form of a check payable jointly to
Petitioner and Optum:
Optum
P.O. Box 182643
Columbus, OH 43218
Event ID: 75738430
Tax ID: 41-1858498
Petitioner agrees to endorse this check to Optum.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
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/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

Case 1:22-vv-00536-UNJ Document 42 Filed 02/05/24 Page 3 of 8
IN THE UNITED STA TES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DAKOTA PALMORE,
Petitioner,
No. 22-536V
V.
Special Master Katherine E. Oler
SECRETARY OF HEALT H AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Dakota Palmore ("petitioner") 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 an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on or about September 30, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered from Bell's palsy which was caused in fact by
her flu vaccine. She further alleges that she has experienced residual effects of this condition 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.

Case 1:22-vv-00536-UNJ Document 42 Filed 02/05/24 Page 4 of 8
6. Respondent denies that the flu vaccines caused petitioner's alleged injuries or any
other injury, or her current condition.
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 payments:
A. A lump sum of $70,000.00 in the form of a check payable to petitioner; and
B. A lump sum of $5,850.78, 1 representing reimbursement of a Medicaid lien for
services rendered to petitioner by the State of Washington, in the form of a check
payable jointly to petitioner and Optum:
Optum
P.O. Box 182643
Columbus, OH 43218
Event ID: 75738430
Tax ID: 41-1858498
Petitioner agrees to endorse this check to Optum.
These amounts represent compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of Washington may have against any individual as a result of any
Medicaid payments the Washington Program has made to or on behalf of Dakota Palmore as a
result of her alleged vaccine-related injury suffered on or about September 30, 2019, under Title
XIX of the Social Security Act, see 42 U.S.C. § 300aa-l 5(g), (h).
2

Case 1:22-vv-00536-UNJ Document 42 Filed 02/05/24 Page 5 of 8
9. As soon as practicable after the entry ofj udgment 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-2 l (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.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa- 15(g), to the extent that payment has been made or can reasonably be
expected to be made under any 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 by entities that provide health services on a pre-paid basis.
I I. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys fmther agree and stipulate that, except for any
award for attorneys' fees and litigation costs, 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-I 5(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 or 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
3

Case 1:22-vv-00536-UNJ Document 42 Filed 02/05/24 Page 6 of 8
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-l 0 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 September 30, 2019,
as alleged by petitioner in a petition for vaccine compensation filed on or about May 13, 2022, in
the United States Court of Federal Claims as petition No. 22-536V.
14. If petitioner should die prior to entry ofj udgment, 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 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.
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 patties hereto to make any payment or to 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.
4

Case 1:22-vv-00536-UNJ Document 42 Filed 02/05/24 Page 7 of 8
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the vaccine caused petitioner's alleged injury or
any other injury; or petitioner's current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
5

Case 1:22-vv-00536-UNJ Document 42 Filed 02/05/24 Page 8 of 8
Respectfully submitted,
PETITIONER:
DAKOTA PALMORE
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~ ~Ahv
,,4-,,{gct,Hµ_A ~ ()~
JESSI.HUFF HEATHER L. PEARLMAN
Maglio Christopher & Toale Deputy Director
1325 4th Ave. Suite 1730 Torts Branch, Civil Division
Seattle, WA 9810 l U.S. Department of Justice
jhuff@mctlaw.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRET ARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
ew~
He n ry P• Digitally signed by Henry H~~
P. Mcmillan ·S5
by Mcmillan _ 55 ~~1.~~~023.11291s:2s:11 ~ ~~ L-, ~~
CDR GEORGE REED GRIMES, MD, MPH MADELYN E. WEEKS
Director, Division of Injury 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, DC 20044-0146
and Human Services (202) 305-3262
5600 Fishers Lane, 08W-25A madelyn.e. weeks@usdoj.gov
Rockville, MD 20857
6