Randy O. Harper v. HHS - Influenza, Guillain-Barré syndrome and chronic inflammatory demyelinating polyneuropathy (2017)
Case summary [AI summaries can sometimes make mistakes]
Randy O. Harper filed a petition for vaccine compensation on September 28, 2016, alleging that the influenza vaccine he received on October 16, 2014, caused him to suffer Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP).
The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied that the vaccine caused these injuries or any other injury.
The parties reached a joint stipulation, which Special Master Christian J. Moran adopted as the decision of the Court.
The stipulation awarded Randy O. Harper a lump sum of $1,313,885.49, representing compensation for first year life care expenses ($114,180.01), lost earnings ($937,982.35), pain and suffering ($225,000.00), and past unreimbursable expenses ($36,723.13).
Additionally, an amount sufficient to purchase an annuity contract for future expenses was awarded. The annuity contract includes periodic payments for various future unreimbursable expenses, including AETNA Maximum out of Pocket expenses, AETNA Premium and Medicare Part B expenses, Medicare Supplement Plan C and Medicare Part D expenses, Alpha Lipoic Acid, Vitamin B, and COQ-10 expenses, Massage Therapy expenses, Gel Seat, Universal Cuff, Compression Socks, and Adaptive Clothing expenses, Adjustable Bed, Bed Cradle/Foot Support, Lift Chair, Toilet Seat Frame, Pressure Relief Wedge, Rolling Shower Chair, and Fishing Pole Holder expenses, Home Health Aide expenses, and Modified Van expenses.
These payments are to be made to the life insurance company from which the annuity will be purchased, with specific terms for commencement, duration, and annual increases. The decision was entered on December 29, 2017.
Petitioner was represented by Leah V. Durant of the Law Offices of Leah V.
Durant, PLLC, and Respondent was represented by Darryl R. Wishard of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments received by Mr.
Harper.
Theory of causation
Petitioner Randy O. Harper received an influenza vaccine on October 16, 2014, and alleged it caused Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP), conditions listed on the Vaccine Injury Table. Respondent denied causation. The parties entered into a stipulation, adopted by Special Master Christian J. Moran on December 29, 2017, resolving the case. The stipulation awarded a lump sum of $1,313,885.49 for first year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an amount for a structured annuity to cover future expenses. The public text does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation, as the case was settled via stipulation. Petitioner was represented by Leah V. Durant and Respondent by Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_16-vv-01215