Billy Whitchurch v. HHS - Influenza, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2016)

Filed 2014-11-25Decided 2016-03-25Vaccine Influenza
compensated$400,000

Case summary [AI summaries can sometimes make mistakes]

Billy Whitchurch filed a petition on November 25, 2014, alleging that an influenza vaccine administered on November 29, 2011, caused him to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's CIDP or any other injury.

The parties filed a joint stipulation on March 1, 2016, agreeing to a compensation award. The Special Master, Lisa Hamilton-Fieldman, found the stipulation reasonable and adopted it as the decision of the Court.

The total award was $400,000. This amount included $49,535.76 to reimburse a State of Missouri Medicaid lien, payable jointly to Petitioner and MO HealthNet Division, with Petitioner agreeing to endorse the payment to the State.

The remaining $350,464.24 was for all other damages. Judgment was to be entered accordingly.

The decision date was March 25, 2016. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Petitioner was represented by John R. Howie, Jr. of Howie Law, P.C., and Respondent was represented by Ryan D.

Pyles of the United States Department of Justice.

Theory of causation

Petitioner Billy Whitchurch alleged that an influenza vaccine administered on November 29, 2011, caused him to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). Respondent denied causation. The parties reached a joint stipulation for compensation. The public decision does not detail the specific theory of causation, mechanism, or any expert testimony. The case resulted in a compensated outcome with a total award of $400,000, including $49,535.76 for a Medicaid lien and $350,464.24 for other damages. Special Master Lisa Hamilton-Fieldman approved the stipulation on March 25, 2016. Petitioner's counsel was John R. Howie, Jr., and Respondent's counsel was Ryan D. Pyles.

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