Douglas Frank Gilmore, Jr. v. HHS - Tdap, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2014)

Filed 2012-03-01Decided 2014-05-12Vaccine Tdap
compensated$112,500

Case summary [AI summaries can sometimes make mistakes]

Douglas Frank Gilmore, Jr. filed a petition on March 1, 2012, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination he received on August 18, 2010, caused him to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), with residual effects lasting more than six months. The respondent denied that the Tdap vaccine caused petitioner's CIDP or any other injury, and further denied that petitioner's current disabilities were sequelae of a vaccine-related injury.

Despite the denial, both parties filed a joint stipulation on April 18, 2014, to settle the case. Special Master Christian J.

Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum payment of $112,500.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts. Petitioner was represented by Peter H.

Meyers of the National Law Center, and the respondent was represented by Michael P. Milmoe of the U.S.

Department of Justice.

Theory of causation

Petitioner Douglas Frank Gilmore, Jr. received a Tdap vaccine on August 18, 2010, and subsequently developed Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), alleged to be a condition listed on the Vaccine Injury Table. The respondent denied causation. The parties entered into a joint stipulation on April 18, 2014, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a compensation award of $112,500.00. Petitioner's counsel was Peter H. Meyers, and respondent's counsel was Michael P. Milmoe.

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