David DeOcampo v. HHS - Influenza, Bell's Palsy (2025)
Case summary [AI summaries can sometimes make mistakes]
David DeOcampo filed a petition on March 3, 2023, alleging that he suffered Bell's Palsy as a result of an influenza vaccine received on November 21, 2020. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's injury or that his current disabilities were sequelae of a vaccine-related injury.
Despite these denials, the parties reached a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Petitioner was awarded $30,000.00 as a lump sum payment to compensate for all damages. The parties jointly filed notice renouncing the right to seek review, expediting the entry of judgment.
Petitioner was represented by Catherine Wallace Costigan of Mctlaw, and Respondent was represented by Neil Bhargava of the U.S. Department of Justice.
Theory of causation
Petitioner David DeOcampo alleged Bell's Palsy resulting from an influenza vaccine administered on November 21, 2020. Respondent denied causation. The parties stipulated to an award of $30,000.00 for all damages. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Special Master Nora Beth Dorsey approved the stipulation on February 7, 2025. Petitioner's counsel was Catherine Wallace Costigan, and Respondent's counsel was Neil Bhargava.
Source PDFs
USCOURTS-cofc-1_23-vv-00319