Heather Lavayen v. HHS - DTaP, chronic inflammatory demyelinating polyneuropathy (CIDP) (2017)
Case summary [AI summaries can sometimes make mistakes]
Heather Lavayen filed a petition on October 26, 2015, on behalf of her minor daughter, G.R.C. The petition alleged that the diphtheria-tetanus-acellular pertussis (DTaP) and meningococcal (MCV) vaccines, administered on August 5, 2014, caused G.R.C. to develop chronic inflammatory demyelinating polyneuropathy (CIDP), with residual effects lasting more than six months.
The respondent denied that the vaccines caused the alleged condition. Despite the denial, the parties filed a joint stipulation for compensation.
Special Master Christian J. Moran found the stipulation reasonable and adopted it as the decision of the Court.
The award included a lump sum of $6,000.00 for past unreimbursable expenses, payable to Heather Lavayen. An additional lump sum of $50,000.00 was awarded, payable to Heather Lavayen as guardian/conservator of G.R.C.'s estate.
The decision also included an amount sufficient to purchase an annuity contract, as described in the stipulation. The public decision does not describe the specific onset of symptoms, clinical details of G.R.C.'s condition, any diagnostic tests performed, or treatments received.
No specific medical experts were named in the public decision. The case was compensated based on the joint stipulation.
Theory of causation
Petitioner alleged that the DTaP and MCV vaccines administered on August 5, 2014, caused G.R.C. to develop chronic inflammatory demyelinating polyneuropathy (CIDP), which is listed on the Vaccine Injury Table. Petitioner further alleged residual effects for more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which Special Master Christian J. Moran adopted as the decision of the Court. The award included $6,000.00 for past unreimbursable expenses to Heather Lavayen, $50,000.00 to G.R.C.'s estate, and an amount to purchase an annuity. The public decision does not detail the specific mechanism of injury, clinical presentation, diagnostic findings, or treatments. No specific medical experts were named in the public decision. The decision was issued on April 13, 2017, based on a stipulation filed March 9, 2017. Petitioner's counsel was Dianna L. Stadelnikas, and respondent's counsel was Ann D. Martin.
Source PDFs
USCOURTS-cofc-1_15-vv-01247