Jamie Lee Stewart v. HHS - Influenza, chronic inflammatory demyelinating neuropathy (CIDP) (2017)
Case summary [AI summaries can sometimes make mistakes]
Jamie Lee Stewart filed a petition on November 14, 2012, seeking compensation under the National Vaccine Injury Compensation Program. Mr.
Stewart alleged that an influenza vaccine administered on or about October 5, 2010, caused him to develop chronic inflammatory demyelinating neuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr.
Stewart's alleged CIDP or any other injury. Despite the denial, the parties reached a joint stipulation for settlement, which was filed on January 18, 2017.
Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
As part of the settlement, Mr. Stewart was awarded a lump sum payment of $763,000.00, payable to him.
This amount represents 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, treatments, or expert witnesses involved in this case.
The attorneys for the petitioner were Isaiah Richard Kalinowski and Maglio Christopher & Toale, P.A. The attorney for the respondent was Ryan Daniel Pyles.
Theory of causation
Petitioner Jamie Lee Stewart alleged that an influenza vaccine received on or about October 5, 2010, caused him to develop chronic inflammatory demyelinating neuropathy (CIDP). Respondent denied causation. The parties filed a joint stipulation on January 18, 2017, agreeing to compensation. Special Master Gowen adopted the stipulation as the decision of the Court. Petitioner received a lump sum award of $763,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific mechanism of causation, expert testimony, or medical evidence presented. Attorneys for petitioner were Isaiah Richard Kalinowski and Maglio Christopher & Toale, P.A.; attorney for respondent was Ryan Daniel Pyles. Decision date was June 29, 2017.
Source PDFs
USCOURTS-cofc-1_12-vv-00776