John N. Kump v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2016)
Case summary [AI summaries can sometimes make mistakes]
John N. Kump filed a petition on August 14, 2013, alleging that an influenza vaccine he received on September 30, 2010, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP).
Respondent denied that the vaccination caused petitioner's CIDP or any other injury. The parties subsequently filed a joint stipulation on February 1, 2016, 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 $330,000.00, payable to John N. Kump, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The stipulation also noted that proceedings would be held to award reasonable attorneys' fees and costs. Petitioner was represented by Danielle Strait of Maglio Christopher and Toale, PA, and respondent was represented by Justine Walters of the U.S.
Department of Justice. The decision was issued by Special Master Moran.
Theory of causation
Petitioner John N. Kump received an influenza vaccine on September 30, 2010, and alleges it caused him to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). Respondent denied causation. The parties entered into a joint stipulation on February 1, 2016, agreeing to settle the case. Special Master Christian J. Moran adopted the stipulation, awarding petitioner $330,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs were to be determined in subsequent proceedings. Petitioner was represented by Danielle Strait (Maglio Christopher and Toale, PA), and respondent was represented by Justine Walters (U.S. Department of Justice). The public decision does not describe the specific medical experts, clinical details of the injury onset or progression, diagnostic tests, or treatment received.
Source PDFs
USCOURTS-cofc-1_13-vv-00579