Sherry Kachmarik v. HHS - Influenza, chronic inflammatory demyelinating neuropathy (CIDP) (2015)

Filed 2015-05-06Decided 2015-05-06Vaccine Influenza
compensated$264,000

Case summary [AI summaries can sometimes make mistakes]

On May 6, 2015, Sherry Kachmarik filed a petition alleging that she developed chronic inflammatory demyelinating neuropathy (CIDP) caused by an influenza vaccine she received on September 27, 2011. She further claimed to have suffered residual effects from this injury for more than six months.

The respondent denied that the flu vaccine caused her alleged injuries or current condition. Despite the respondent's denial, the parties reached a stipulation to resolve the matter.

Special Master Laura D. Millman adopted the stipulation, awarding Sherry Kachmarik $264,000.00 in compensation for all available damages.

The award was to be paid as a check to the petitioner. On January 12, 2016, the parties filed a stipulation for attorneys' fees and costs.

Petitioner asserted she incurred no costs. The parties agreed to an award of $11,010.00 for attorneys' fees and costs, which Special Master Laura D.

Millman approved. This award was to be paid as a check jointly to the petitioner and her counsel, Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A.

The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. Petitioner was represented by Michael D.

Bell, and respondent was represented by Althea W. Davis.

Theory of causation

Petitioner Sherry Kachmarik alleged that an influenza vaccine administered on September 27, 2011, caused her to develop chronic inflammatory demyelinating neuropathy (CIDP) with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $264,000.00 for all damages. A subsequent stipulation for attorneys' fees and costs resulted in an additional award of $11,010.00, approved by Special Master Millman. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the CIDP. The outcome was a compensated settlement based on stipulation.

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