Riana L. Inman v. HHS - MMR, chronic inflammatory demyelinating polyneuropathy (CIDP) and/or Guillain-Barré syndrome (GBS) (2015)
Case summary [AI summaries can sometimes make mistakes]
On March 19, 2012, Amanda Strout filed a petition on behalf of her daughter, Riana L. Inman, seeking compensation under the National Vaccine Injury Compensation Program.
Petitioner alleged that Riana suffered chronic inflammatory demyelinating polyneuropathy (CIDP) and/or Guillain-Barré syndrome (GBS) and related complications as a result of receiving the measles, mumps, and rubella (MMR), hemophilus influenza (Hib), and varicella vaccines. The respondent denied that the vaccines caused Riana's condition.
Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on September 12, 2014. Special Master Brian H.
Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision awarding damages. The stipulation awarded Riana a lump sum of $2,000.00, payable to Petitioner.
Additionally, $75,000.00 was awarded to satisfy a Medicaid lien, payable to the Treasurer, State of Maine, C/O Cindy Boucher, Reimbursement Specialist Third Party Liability, DHHS/OMS, 11 State House Station, Augusto Station, ME 04333-0011. The decision also stated that an amount sufficient to purchase an annuity contract, as described in paragraph 10 of the stipulation, would be awarded.
The decision awarding damages was issued on October 22, 2014. Subsequently, on December 17, 2014, the parties filed another stipulation regarding attorneys' fees and costs.
They agreed to an award of $26,000.00 for attorneys' fees and costs, payable jointly to Petitioner and Petitioner's counsel, Randall E. Smith.
Special Master Brian H. Corcoran approved this amount as reasonable.
The decision regarding attorneys' fees and costs was issued on February 2, 2015, with judgment entered accordingly. The public decision does not describe Riana's specific vaccination dates, onset of symptoms, medical history, diagnostic tests, treatments, or the specific mechanism of injury.
Petitioner was represented by Randall Elbert Smith of Smith, Elliott, Smith and Garmey, and Respondent was represented by Debra A. Filteau Begley of the U.S.
Dep’t of Justice.
Theory of causation
Petitioner Amanda Strout, on behalf of Riana L. Inman, alleged that Riana suffered chronic inflammatory demyelinating polyneuropathy (CIDP) and/or Guillain-Barré syndrome (GBS) as a result of receiving the measles, mumps, and rubella (MMR), hemophilus influenza (Hib), and varicella vaccines. The respondent denied causation. The parties settled the case via stipulation, agreeing to an award without admitting or denying causation. Special Master Brian H. Corcoran adopted the stipulation, awarding $2,000.00 to Petitioner, $75,000.00 to satisfy a Medicaid lien, and an amount for an annuity. Attorneys' fees and costs of $26,000.00 were also awarded. The public decision does not detail the specific theory of causation, expert testimony, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_12-vv-00180