Victor York v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2015)

Filed 2015-02-12Decided 2015-03-11Vaccine Influenza
compensated$182,500

Case summary [AI summaries can sometimes make mistakes]

Victor York filed a petition on February 12, 2015, alleging that he developed chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza and/or a tetanus-diptheria-acellular pertussis (Tdap) vaccine on November 16, 2011. He further alleged that he experienced residual effects of his injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccinations caused his CIDP or any other condition. Despite this denial, the parties reached a joint stipulation for damages.

Special Master Thomas L. Gowen found the stipulation reasonable and adopted it as the decision of the court.

Victor York was awarded $182,500.00 as compensation for all damages available under the National Vaccine Injury Compensation Program. The award was paid in the form of a check payable to Victor York.

The parties waived their right to seek review of the decision. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of causation.

Petitioner counsel was Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., and respondent counsel was Debra A.

Filteau Begley of the United States Department of Justice.

Theory of causation

Petitioner Victor York alleged that he developed chronic inflammatory demyelinating polyneuropathy (CIDP) following vaccination with an influenza and/or Tdap vaccine on November 16, 2011, and experienced residual effects for more than six months. The respondent denied causation. The parties entered into a joint stipulation for damages, which was adopted by Special Master Thomas L. Gowen. The stipulation awarded petitioner $182,500.00. 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 decision date was March 11, 2015. Petitioner's counsel was Ronald C. Homer, and respondent's counsel was Debra A. Filteau Begley.

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