Kenneth Schultheis v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) and Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) (2016)

Filed 2016-10-11Decided 2016-11-21Vaccine Influenza
compensated$1,619,816

Case summary [AI summaries can sometimes make mistakes]

Kenneth Schultheis petitioned for compensation under the National Childhood Vaccine Injury Act of 1986 on October 8, 2013. He alleged that the Influenza ("Flu") and/or Tetanus vaccines administered on January 16, 2012, caused him to develop Guillain-Barré Syndrome (“GBS”) and Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”).

The respondent denied that the vaccines caused these conditions. However, the parties filed a joint stipulation for damages, which Special Master Lisa Hamilton-Fieldman found to be reasonable and adopted as the decision of the Court.

The stipulation awarded Mr. Schultheis a lump sum payment of $1,382,471.81, representing compensation for first year life care expenses ($29,313.48), lost earnings ($1,117,813.84), pain and suffering ($225,000.00), and past unreimbursable expenses ($10,344.49).

Additionally, he was to receive an amount sufficient to purchase an annuity contract. Petitioner was represented by Danielle A.

Strait of Maglio Christopher & Toale, P.A., and respondent was represented by Michael P. Milmoe of the United States Department of Justice.

Judgment was to be entered in accordance with the terms of the stipulation.

Theory of causation

Petitioner Kenneth Schultheis alleged that the Influenza and/or Tetanus vaccines administered on January 16, 2012, caused him to develop Guillain-Barré Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). Respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Special Master Lisa Hamilton-Fieldman. The stipulation awarded a lump sum of $1,382,471.81 for first year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity. Petitioner was represented by Danielle A. Strait, and respondent was represented by Michael P. Milmoe. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury.

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