Deitra Curry v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2018)

Filed 2016-01-12Decided 2018-05-14Vaccine Influenza
compensated$214,000

Case summary [AI summaries can sometimes make mistakes]

Deitra Curry filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2016. She alleged that the influenza vaccine she received on November 11, 2014, caused her to develop chronic inflammatory demyelinating polyneuropathy (CIDP) and that she experienced residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's alleged CIDP or any other injury. Despite maintaining their positions, the parties reached a stipulation for award.

Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum payment of $214,000.00, payable to Petitioner, representing compensation for all damages available under the program.

Petitioner, represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent, represented by Debra A.

Filteau Begley of the United States Department of Justice, agreed to this settlement. The decision was entered on May 14, 2018.

The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. The parties agreed that the stipulation expressed a full and complete negotiated settlement of liability and damages, and it was not to be construed as an admission by the United States or the Secretary that Petitioner's CIDP was caused in fact by her flu vaccination.

Theory of causation

Petitioner Deitra Curry received an influenza vaccine on November 11, 2014, and alleged it caused her to develop chronic inflammatory demyelinating polyneuropathy (CIDP) with residual effects lasting more than six months. Respondent denied causation. The parties stipulated to an award, with Petitioner receiving $214,000.00. The stipulation stated that the flu vaccine is contained in the Vaccine Injury Table, but it does not specify if CIDP is an "on-Table" condition for this vaccine or if the theory was "off-Table." The public decision does not detail the medical experts, specific clinical findings, or the proposed mechanism of injury. The stipulation explicitly states it is not an admission of causation. The decision was entered on May 14, 2018, by Special Master Herbrina Sanders. Petitioner was represented by Maximillian J. Muller, and Respondent by Debra A. Filteau Begley.

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