A.P. v. HHS - Influenza, small fiber neuropathy, Guillain-Barre syndrome (“GBS”) and chronic inflammatory demyelinating polyneuropathy (“CIDP”) (2019)
Case summary [AI summaries can sometimes make mistakes]
On September 23, 2014, A.P. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that after receiving an influenza vaccine on October 3, 2012, he suffered from small fiber neuropathy, Guillain-Barre syndrome (GBS), and chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the alleged injuries were caused by the flu vaccine but agreed to a settlement.
The parties entered into a stipulation for award, which the Special Master adopted. The award included a lump sum of $889,471.22, representing compensation for first year life care expenses ($74,997.66), past and first year lost future earnings ($500,000.00), pain and suffering ($250,000.00), and past unreimbursable expenses ($64,473.56).
Additionally, an amount sufficient to purchase an annuity contract was awarded. The decision was issued by Special Master Thomas L.
Gowen on September 2, 2019. Petitioner was represented by Nancy R.
Meyers of Ward Black Law, and respondent was represented by Lisa A. Watts of the Department of Justice.
The public decision does not describe the petitioner's specific clinical story, onset of symptoms, diagnostic tests, treatments, or the mechanism of causation. The decision notes that it is unpublished and will be posted on the court's website, with parties having 14 days to request redactions.
Theory of causation
Petitioner A.P. received an influenza vaccine on October 3, 2012, and alleged that this vaccination caused small fiber neuropathy, Guillain-Barre syndrome (GBS), and chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties entered into a stipulation for award, settling the case. The award included a lump sum of $889,471.22 for life care expenses, lost earnings, pain and suffering, and unreimbursable expenses, plus an amount for an annuity. Special Master Thomas L. Gowen issued the decision on September 2, 2019. Petitioner's counsel was Nancy R. Meyers, and respondent's counsel was Lisa A. Watts. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injuries.
Source PDFs
USCOURTS-cofc-1_14-vv-00894