Carole Prystalski v. HHS - Influenza, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2015)
Case summary [AI summaries can sometimes make mistakes]
Carole Prystalski filed a petition on August 2, 2010, alleging that she received an influenza vaccination on November 10, 2007, and subsequently developed Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) caused by the vaccination. The respondent denied that the vaccination caused her condition.
The parties reached a stipulation for damages, and on May 30, 2014, Special Master Nora Beth Dorsey entered a decision awarding compensation. Petitioner was to receive a lump sum payment of $100,000.00 as compensation for all damages.
On May 22, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $50,000.00. Special Master Dorsey approved this amount.
The total compensation awarded to Ms. Prystalski was $150,000.00, covering her injury and legal expenses.
Petitioner was represented by F. John Caldwell, Jr. of Maglio, Christopher & Toale, PA.
Respondent was represented by Justine E. Daigneault and later Justine Elizabeth Walters of the United States Department of Justice.
The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Carole Prystalski alleged that an influenza vaccination administered on November 10, 2007, caused her to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). The respondent denied causation. The parties entered into a stipulation for damages, resulting in an award of $100,000.00 for all damages. Subsequently, a stipulation for attorneys' fees and costs in the amount of $50,000.00 was approved, bringing the total award to $150,000.00. The theory of causation was "Off-Table." The public decision does not name specific medical experts or detail the medical evidence or reasoning supporting the stipulation. Special Master Nora Beth Dorsey presided over the case. Petitioner's counsel was F. John Caldwell, Jr. of Maglio, Christopher & Toale, PA. Respondent's counsel included Justine E. Daigneault and Justine Elizabeth Walters of the United States Department of Justice. The initial petition was filed on August 2, 2010, with the damages decision on May 30, 2014, and the attorneys' fees decision on June 12, 2015.
Source PDFs
USCOURTS-cofc-1_10-vv-00500