Huey Hampton v. HHS - Influenza, Chronic Inflammatory Demyelinating Polyneuropathy (2017)
Case summary [AI summaries can sometimes make mistakes]
Huey Hampton filed a petition on October 8, 2013, alleging that an influenza vaccination received on October 14, 2010, caused him to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) with residual effects lasting more than six months. The respondent denied that the flu vaccination caused petitioner's CIDP or any other injury.
The parties subsequently filed a joint stipulation on August 11, 2016, agreeing to a settlement. Special Master Thomas L.
Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $257,280.81, which represented compensation for first-year life care expenses ($17,280.81) and combined lost earnings, pain and suffering, and past unreimbursable expenses ($240,000.00).
Additionally, an amount sufficient to purchase an annuity contract was awarded to cover future life care expenses, as described in the stipulation. The public decision does not describe the petitioner's specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
Petitioner was represented by Mark T. Sadaka of Mark T.
Sadaka, LLC, and respondent was represented by Traci R. Patton of the United States Department of Justice.
Theory of causation
Petitioner Huey Hampton alleged that an influenza vaccination on October 14, 2010, caused him to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation on August 11, 2016, agreeing to compensation. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court. The award consisted of a lump sum of $257,280.81 for first-year life care expenses ($17,280.81) and combined lost earnings, pain and suffering, and past unreimbursable expenses ($240,000.00), plus an annuity for future life care expenses. The public decision does not detail the specific medical experts, evidence presented, or the proposed mechanism of causation, relying instead on the joint stipulation for resolution. Petitioner's counsel was Mark T. Sadaka, and respondent's counsel was Traci R. Patton. The decision date was February 21, 2017, based on the stipulation filed August 11, 2016.
Source PDFs
USCOURTS-cofc-1_13-vv-00776