James Clark v. HHS - Influenza, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2015)
Case summary [AI summaries can sometimes make mistakes]
James Clark filed a petition for compensation under the National Vaccine Injury Compensation Program on May 5, 2014, alleging that he suffered from Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) caused by a flu vaccination he received on September 19, 2012. He further alleged that he experienced residual effects of his injuries for more than six months.
The respondent denied that the flu vaccine caused petitioner's CIDP or any other injury. Despite the denial, the parties reached a settlement.
Respondent agreed to pay petitioner a lump sum of $85,000.00 for all damages and a lump sum of $16,000.00 for attorneys' fees and costs. The Special Master adopted the stipulation and awarded compensation in the agreed-upon amount and terms.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Danielle Strait, Esq., and respondent was represented by Justine Walters, Esq.
Special Master Thomas L. Gowen issued the decision on April 1, 2015.
Theory of causation
Petitioner James Clark alleged that a September 19, 2012, flu vaccination caused his Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) and residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation for settlement. The public decision does not detail the specific medical mechanism, expert testimony, or diagnostic findings. The case was settled "off-Table" with an award of $85,000.00 for damages and $16,000.00 for attorneys' fees and costs, totaling $101,000.00. Special Master Thomas L. Gowen issued the decision on April 1, 2015, adopting the joint stipulation. Petitioner counsel was Danielle Strait, Esq., and respondent counsel was Justine Walters, Esq.
Source PDFs
USCOURTS-cofc-1_14-vv-00379