Shawn Shorkey v. HHS - Influenza, chronic inflammatory demyelinating polyneuritis (CIDP) (2017)

Filed 2015-07-23Decided 2017-04-11Vaccine Influenza
compensated$35,000

Case summary [AI summaries can sometimes make mistakes]

Shawn Shorkey filed a petition for vaccine compensation on July 23, 2015, alleging that the influenza vaccine he received on November 15, 2012, caused him to suffer from chronic inflammatory demyelinating polyneuritis (CIDP) and that he experienced residual effects for more than six months. The respondent denied that the flu vaccine caused petitioner's alleged CIDP or any other injury, and further denied that his alleged current disabilities were a sequela of a vaccine-related injury.

Despite these opposing positions, the parties reached a joint stipulation for settlement. Special Master Christian J.

Moran reviewed and adopted the stipulation as the court's decision. The stipulation awarded Shawn Shorkey a lump sum payment of $35,000.00, payable to him, as compensation for all damages.

This payment was to be made as soon as practicable after the entry of judgment and after petitioner elected to receive compensation. The decision also noted that the parties would submit to further proceedings before the special master to award reasonable attorneys' fees and costs.

The stipulation, dated March 16, 2017, was adopted by the court on April 11, 2017. Petitioner was represented by Lawrence R.

Cohan of Anapol Weiss, and respondent was represented by Colleen C. Hartley of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation

Petitioner Shawn Shorkey received an influenza vaccine on November 15, 2012, which is contained in the Vaccine Injury Table. He alleged that this vaccine caused him to suffer from chronic inflammatory demyelinating polyneuritis (CIDP) and that he experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation for settlement, and Special Master Christian J. Moran adopted the stipulation. The award was a lump sum of $35,000.00. The public text does not name specific experts or detail the medical mechanism of injury, but the theory aligns with the Vaccine Injury Table for CIDP following an influenza vaccine. The decision date was April 11, 2017. Petitioner's counsel was Lawrence R. Cohan, and respondent's counsel was Colleen C. Hartley.

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