Kenneth Schultheis v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) and Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) (2016)
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.
Source PDFs
USCOURTS-cofc-1_13-vv-00781