Thomas Luch v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (2020)
Case summary [AI summaries can sometimes make mistakes]
Thomas Luch filed a petition for compensation under the National Vaccine Injury Compensation Program on September 15, 2014, alleging that he suffered chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccine on October 24, 2011. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr.
Luch's condition. Despite the denial, the parties filed a joint stipulation for damages on November 27, 2020.
Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting its terms as the decision of the court.
The award consists of a lump sum of $260,000.00 payable to Mr. Luch and an amount sufficient to purchase an annuity contract as described in the stipulation.
This award is intended to cover all items of damages available under the Vaccine Act. The decision was entered on November 30, 2020.
Petitioner was represented by Richard Gage of Richard Gage P.C., and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice.
The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner alleged that receipt of an influenza vaccine on October 24, 2011, caused chronic inflammatory demyelinating polyneuropathy (CIDP). Respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Special Master Daniel T. Horner. The stipulation did not detail the specific theory of causation, expert testimony, or medical evidence presented. The award consisted of a lump sum of $260,000.00 and an amount for an annuity. The decision was entered on November 30, 2020. Petitioner's counsel was Richard Gage, and respondent's counsel was Adriana Ruth Teitel.
Source PDFs
USCOURTS-cofc-1_14-vv-00852