R.S. v. HHS - Influenza, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2016)

On August 20, 2014, Petitioner Keith Snow filed a petition on behalf of R.S., a minor child, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that R.S. developed Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of an influenza vaccine received on October 25, 2013.

The respondent denied that the CIDP and related medical problems were caused by the vaccine. Despite maintaining their respective positions, both parties entered into a stipulation filed on February 19, 2016, agreeing that the issues could be settled and that an award of compensation should be entered.

Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case.

The stipulation awarded compensation in three parts: an amount sufficient to purchase an annuity contract, a lump sum of $53,036.55 to reimburse a Medicaid lien for services rendered to R.S. (payable jointly to Petitioner and the Treasurer of the State of Connecticut), and a lump sum of $154,452.00 for the benefit of R.S. (payable to Petitioner as guardian/conservator of R.S.'s estate, contingent upon documentation of appointment). Separately, on February 19, 2016, the parties filed a joint stipulation regarding attorney's fees and costs.

Special Master Corcoran approved this stipulation, awarding Petitioner's counsel, Anne Carrión Toale, Esq., a lump sum of $17,000.00, payable jointly to Petitioner and counsel. The total award for damages and fees was $171,488.55 ($53,036.55 + $154,452.00 + $17,000.00).

The Special Master directed the clerk to enter judgment accordingly, unless a motion for review was filed.