Robert Hofstetter v. HHS - DTaP, chronic inflammatory demyelinating polyneuropathy (CIDP) (2014)
Case summary [AI summaries can sometimes make mistakes]
Robert Hofstetter filed a petition for vaccine compensation on February 14, 2013, alleging that the DTaP vaccine he received on February 15, 2010, caused him to suffer chronic inflammatory demyelinating polyneuropathy (CIDP). After gathering medical records, Mr.
Hofstetter filed a motion on April 16, 2014, seeking dismissal of his petition due to insufficient proof of causation. The court noted that to receive compensation, Mr.
Hofstetter needed to prove either a Table Injury or that the vaccine actually caused his injury. The record did not contain evidence of a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence of vaccine causation.
Consequently, the court found insufficient evidence to meet his burden of proof and dismissed the petition for insufficient proof on May 13, 2014. Subsequently, on November 13, 2014, the court approved the petitioner's request for attorneys' fees and costs totaling $5,591.50, and an additional $19.24 in reimbursable costs, to be paid jointly to the petitioner and his counsel.
Source PDFs
USCOURTS-cofc-1_13-vv-00119