VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00319
Package ID: USCOURTS-cofc-1_23-vv-00319
Petitioner: David DeOcampo
Filed: 2023-03-03
Decided: 2025-02-07
Vaccine: influenza
Vaccination date: 2020-11-21
Condition: Bell's Palsy
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00319-0
Date issued/filed: 2025-03-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/7/2025) regarding 59 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (aevw) Service on parties made.
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Case 1:23-vv-00319-UNJ Document 64 Filed 03/04/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 7, 2025
* * * * * * * * * * * * * * *
DAVID DEOCAMPO, *
*
Petitioner, * No. 23-319V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Bell’s Palsy.
*
Respondent. *
*
* * * * * * * * * * * * * * *
Catherine Wallace Costigan, Mctlaw, Washington, DC, for Petitioner.
Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION1
On March 3, 2023, David DeOcampo (“Petitioner”) filed a petition in the National
Vaccine Injury Program2 alleging that he suffered Bell’s Palsy as a result of the influenza (“flu”)
vaccine he received on November 21, 2020. Petition at ¶¶ 1, 14 (ECF No. 1).
On February 7, 2025, the parties filed a stipulation recommending an award of
compensation to Petitioner. Stipulation (ECF No. 58). Respondent denies that the flu vaccine
caused Petitioner's alleged injury, or any other injury, and further denies that Petitioner's current
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it on the United States Court of Federal Claims’ website and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of
Electronic Government Services). This means the Decision will be available to anyone with
access to the Internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would
constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the
identified material fits within this definition, the undersigned will redact such material from
public access.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:23-vv-00319-UNJ Document 64 Filed 03/04/25 Page 2 of 7
disabilities are sequelae of a vaccine-related injury. Id. at ¶ 6. Nevertheless, the parties agree to
the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation
reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth
therein.
The parties stipulate that Petitioner shall receive the following compensation:
(1) A lump sum of $30,000.00 in the form of a check payable to Petitioner.
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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