Gregg Riley v. HHS - Tdap, chronic inflammatory demyelinating polyneuropathy (CIDP) (2019)
Case summary [AI summaries can sometimes make mistakes]
Gregg Riley filed a petition on February 25, 2017, alleging that the Tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on August 23, 2013, caused him to suffer chronic inflammatory demyelinating polyneuropathy (CIDP). The Tdap vaccine is listed on the Vaccine Injury Table.
Mr. Riley further alleged that he experienced residual effects of CIDP for more than six months and that he had not received a prior award or settlement for his condition.
The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Riley's CIDP or any other injury.
Despite the denial, the parties submitted a joint stipulation for compensation, which Special Master Christian J. Moran found reasonable and adopted as the decision of the Court.
The stipulation awarded Mr. Riley a lump sum of $106,550.00, intended to cover first-year life care expenses ($6,550.00) and combined lost earnings, pain and suffering, and past unreimbursable expenses ($100,000.00).
This amount was to be paid via check to the petitioner. Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was awarded and to be paid to the designated life insurance company.
The decision directed the Clerk of Court to enter judgment according to the stipulation, unless a motion for review was filed. Petitioner's counsel was Amber D.
Wilson of Maglio Christopher and Toale, PA, and respondent's counsel was Traci R. Patton of the United States Department of Justice.
The decision was originally filed on July 30, 2019, and signed by Special Master Christian J. Moran.
Theory of causation
Petitioner Gregg Riley alleged that the Tdap vaccine administered on August 23, 2013, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP), an injury listed on the Vaccine Injury Table. He claimed residual effects lasting over six months. The respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation awarded a lump sum of $106,550.00 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity. The public decision does not detail the specific medical experts, clinical findings, onset, symptoms, treatments, or the precise mechanism of causation relied upon for the stipulation, other than that the Tdap vaccine is on the Vaccine Injury Table and the condition is CIDP. The decision date was September 5, 2019, with the stipulation filed July 22, 2019. Attorneys involved were Amber D. Wilson for the petitioner and Traci R. Patton for the respondent.
Source PDFs
USCOURTS-cofc-1_16-vv-00262