Sturdevant v. Secretary of Health and Human Services
17-0172V
Fed. Cl.Mar 8, 2024Background
- Petitioner, Ronald Sturdevant, sought compensation under the National Vaccine Injury Compensation Program, claiming Bell’s palsy resulted from a flu vaccine he received on November 3, 2015.
- The court previously found Sturdevant entitled to compensation but the parties could not agree on damages, leading to briefing and this decision.
- Medical evidence showed that Sturdevant experienced immediate and ongoing facial paralysis, with incomplete recovery and persistent symptoms (watering eye, facial numbness, need for constant exercises, job-related distress).
- Both parties agreed the injury is permanent; dispute centered on quantifying pain and suffering and the extent of unreimbursed expenses (especially mileage rates).
- The court assessed the impact of Bell’s palsy on Sturdevant’s activities, psychological well-being, and employment, considering both subjective affidavits and objective medical records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Value of Pain & Suffering | Claimed $175,000 for permanent effects and distress | Proposed $75,000, citing mild effects and lack of mental health impact | Awarded $100,000 based on duration, severity, and context |
| Reimbursement for Mileage | Sought higher amount using IRS business rate and for multiple round-trips | Limited to lower amount, using IRS medical rate and grouping trips | Awarded $48.27, using business rate but denying extra trips |
| Use of External Verdicts | Cited civil jury awards for facial nerve injury as guide | Argued jury verdicts are speculative and not comparable | Court disregarded external verdicts as non-analogous |
| Causal Link to Injury Impact | Attributed ongoing distress, vision decline, and job risk to Bell’s palsy | Disputed evidence of causation for vision issues and pain, noted ongoing employment | Found persistent Bell’s palsy symptoms, distress reasonable |
Key Cases Cited
- Doe 34 v. Sec’y of Health & Hum. Servs., 87 Fed. Cl. 758 (2009) (permitting referencing prior pain and suffering awards to guide valuation under Vaccine Act)
- Hodges v. Sec’y of Health & Hum. Servs., 9 F.3d 958 (Fed. Cir. 1993) (special masters may use their expertise to adjudicate vaccine injury claims)
- Graves v. Sec’y of Health & Hum. Servs., 109 Fed. Cl. 579 (2013) (pain and suffering awards must be individualized, not forced onto a continuum)