Charles Thomas v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2016)

Filed 2014-08-08Decided 2016-03-18Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Charles Thomas, as administrator of the Estate of Cheryll Thomas, deceased, filed a petition alleging that an influenza vaccination received on September 21, 2012, caused Ms. Thomas to develop chronic inflammatory demyelinating polyneuropathy (CIDP).

The petition was filed on August 8, 2014. The petitioner later filed a motion for a dismissal decision, indicating that they could not prove entitlement.

The court noted that to receive compensation, the petitioner must prove either a Table Injury or that the injury was actually caused by the vaccine. The record did not contain evidence of a Table Injury, nor did the petitioner allege one.

Furthermore, the record lacked persuasive evidence that the influenza vaccine caused the alleged injury, as no supporting medical opinion was offered. Consequently, the case was dismissed for insufficient proof.

Subsequently, on February 10, 2016, the parties filed a stipulation for attorneys' fees and costs, requesting $38,000.00. The court granted this request, awarding the fees and costs.

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