Scott A. Fundermann v. HHS - Influenza, bilateral radial neuropathies, acute inflammatory demyelinating polyneuropathy (“AIDP”), possible acute motor axonal neuropathy (“AMAN”) of AIDP, and/or Guillain-Barré Syndrome (“GBS”) (2016)

Filed 2016-08-05Decided 2016-10-06Vaccine Influenza
compensated$816,104

Case summary [AI summaries can sometimes make mistakes]

Scott A. Fundermann filed a petition for compensation under the National Vaccine Injury Compensation Program on August 5, 2016, alleging that he suffered bilateral radial neuropathies, acute inflammatory demyelinating polyneuropathy (AIDP), possible acute motor axonal neuropathy (AMAN) of AIDP, and/or Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine.

The petition stated that the vaccine was administered in the United States, that Mr. Fundermann experienced residual effects of his injury for more than six months, and that there had been no prior award or settlement of a civil action for damages related to his condition.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Fundermann's conditions.

Despite the respondent's denial, the parties filed a joint stipulation for damages on August 4, 2016. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court.

The stipulation awarded Mr. Fundermann compensation consisting of a lump sum of $816,104.41 and an additional amount to purchase an annuity contract.

The lump sum was itemized as $23,167.99 for first-year life care expenses, $540,772.29 for lost earnings, $245,000.00 for pain and suffering, and $7,164.13 for past unreimbursable expenses. The lump sum was to be paid via check to Mr.

Fundermann, and the annuity amount was to be paid to the life insurance company from which the annuity would be purchased. The Chief Special Master approved the compensation amount and directed that judgment be entered accordingly.

Petitioner's counsel was Richard H. Moeller of Berenstein, Moore, et al., and respondent's counsel was Claudia B.

Gangi 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 specific mechanism of causation.

Theory of causation

Petitioner Scott A. Fundermann alleged that an influenza vaccine administered in the United States caused him to suffer bilateral radial neuropathies, acute inflammatory demyelinating polyneuropathy (AIDP), possible acute motor axonal neuropathy (AMAN) of AIDP, and/or Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties reached a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey on October 6, 2016. The stipulation resulted in an award of $816,104.41 as a lump sum for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an additional amount for an annuity. The public text does not detail the specific theory of causation, the mechanism of injury, expert testimony, or the specific evidence considered in reaching the stipulation. Petitioner was represented by Richard H. Moeller, and respondent was represented by Claudia B. Gangi.

Source PDFs 2 total · 1 downloaded