Bernhard Kreten v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (2018)

Filed 2015-05-15Decided 2018-02-20Vaccine Influenza
compensated$545,000

Case summary [AI summaries can sometimes make mistakes]

Bernhard Kreten filed a petition on May 15, 2015, and an amended petition on July 27, 2015, alleging that the influenza vaccine he received on January 8, 2014, caused him to suffer chronic inflammatory demyelinating polyneuropathy (CIDP) and its residual effects for more than six months. Mr.

Kreten represented that he had not received a prior award or settlement for civil damages related to his condition. Respondent denied that the influenza vaccine caused or significantly aggravated Mr.

Kreten's alleged injury or any other injury, and denied that his current disabilities resulted from a vaccine-related injury. The parties subsequently filed a joint stipulation agreeing to compensation.

Special Master Christian J. Moran reviewed and adopted the stipulation as the decision of the Court.

The stipulation awarded Mr. Kreten a lump sum payment of $545,000.00, payable to him via check, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The public decision does not describe the specific onset of symptoms, clinical details of the condition, diagnostic tests, treatments, or expert witnesses. Petitioner's counsel was Leah V.

Durant of the Law Offices of Leah V. Durant, PLLC, and respondent's counsel was Douglas Ross of the United States Department of Justice.

Judgment was to be entered according to the decision and stipulation.

Theory of causation

Petitioner Bernhard Kreten alleged that an influenza vaccine received on January 8, 2014, caused chronic inflammatory demyelinating polyneuropathy (CIDP) and residual effects lasting more than six months. This case proceeded as a Table claim, as CIDP is listed in the Vaccine Injury Table. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran on January 24, 2018. The stipulation resulted in a lump sum award of $545,000.00 to petitioner. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical evidence presented. Petitioner was represented by Leah V. Durant, and respondent by Douglas Ross.

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