Mark Robinson v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2018)
Case summary [AI summaries can sometimes make mistakes]
Mark Robinson filed a petition on September 3, 2015, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza ("flu") vaccine and a tetanus, diphtheria, and acellular pertussis ("Tdap") vaccine on January 16, 2013.
Mr. Robinson further alleged that he experienced residual effects from this condition for more than six months.
The Secretary of Health and Human Services, the respondent, denied that the vaccines caused his CIDP or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on May 29, 2018.
Special Master Brian H. Corcoran reviewed the file and found the stipulation to be reasonable, adopting it as the decision of the court.
The stipulation awarded Mark Robinson a lump sum of $636,000.00, payable by check to the Petitioner, as compensation for all damages. The Special Master approved this award, and the clerk of the court was directed to enter judgment accordingly, unless a motion for review was filed.
Petitioner was represented by Isaiah Kalinowski of Maglio Christopher & Toale, and Respondent was represented by Gabrielle M. Fielding of the U.S.
Department of Justice. The decision was issued on July 3, 2018.
Theory of causation
Petitioner Mark Robinson alleged that his January 16, 2013, influenza and Tdap vaccines caused his chronic inflammatory demyelinating polyneuropathy (CIDP) and its residual effects lasting over six months. Respondent denied causation. The parties reached a settlement via stipulation, which was adopted by Special Master Brian H. Corcoran. The stipulation awarded Petitioner $636,000.00 for all damages. The public decision does not detail the specific medical experts, clinical findings, onset, symptoms, treatments, or the mechanism of causation relied upon by either party or the Special Master, as the case was resolved by stipulation. The decision was issued on July 3, 2018, with Petitioner represented by Isaiah Kalinowski and Respondent by Gabrielle M. Fielding.
Source PDFs
USCOURTS-cofc-1_15-vv-00967