Melville Pugh v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2014)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Melville Pugh filed a claim on September 9, 2014, alleging that he developed chronic inflammatory demyelinating polyneuropathy (CIDP) caused by an influenza vaccine he received on December 9, 2008. He further alleged that he experienced residual effects from this injury for more than six months.
The respondent denied that the flu vaccine caused the petitioner's CIDP or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury. The parties, represented by John R.
Howie, Jr. for the petitioner and Michael P. Milmoe for the respondent, reached a stipulation to resolve the case.
Special Master Laura D. Millman adopted the stipulation, awarding compensation.
The award included a lump sum of $311,548.73, comprising $136,196.43 for first-year life care expenses and $175,352.30 for pain and suffering, to be paid by check to the petitioner. Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was awarded and to be paid to the life insurance company.
Subsequently, on December 29, 2014, the parties filed a stipulation regarding attorneys' fees and costs. Special Master Millman adopted this stipulation, awarding $53,250.00 for attorneys' fees and costs, to be paid by check jointly to the petitioner and Howie Law, P.C.
The total compensation awarded was $364,798.73. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner alleged that an influenza vaccine administered on December 9, 2008, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP) with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding $311,548.73 for first-year life care expenses and pain and suffering, plus an amount for an annuity. A subsequent stipulation awarded $53,250.00 for attorneys' fees and costs, bringing the total award to $364,798.73. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused CIDP.
Source PDFs
USCOURTS-cofc-1_11-vv-00901