William R. Choiniere v. HHS - Influenza, chronic demyelinating polyneuropathy ("CIDP") (2017)

Filed 2016-10-06Decided 2017-10-10Vaccine Influenza
compensated$148,000

Case summary [AI summaries can sometimes make mistakes]

William R. Choiniere filed a petition for vaccine compensation on October 6, 2016, alleging that an influenza vaccine received on October 7, 2013, and a pneumococcal vaccine received on October 22, 2013, caused him to develop chronic demyelinating polyneuropathy (CIDP).

Both vaccines are listed on the Vaccine Injury Table. Mr.

Choiniere further alleged that he suffered residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused or significantly aggravated his condition, and denied that his disabilities were the result of a vaccine-related injury.

Despite these denials, the parties reached a stipulation to settle the case. Special Master Christian J.

Moran adopted the stipulation as the decision of the Court. The stipulation awarded Mr.

Choiniere a lump sum payment of $148,000.00, payable by check to petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was entered on October 10, 2017.

Petitioner was represented by Kate Gerayne Westad of Larkin Hoffman, et al., Ltd., and respondent was represented by Debra A. Filteau Begley of the United States Department of Justice.

The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, or treatments. The mechanism of injury is not detailed in the public decision.

Theory of causation

Petitioner William R. Choiniere received an influenza vaccine on October 7, 2013, and a pneumococcal vaccine on October 22, 2013. Both vaccines are listed on the Vaccine Injury Table. Petitioner alleged that these vaccinations caused him to develop chronic demyelinating polyneuropathy (CIDP) and that he experienced residual effects for more than six months. Respondent denied that the vaccines caused or aggravated his condition. The parties reached a stipulation for settlement, and Special Master Christian J. Moran adopted the stipulation. The stipulation awarded petitioner a lump sum of $148,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The decision date was October 10, 2017. Petitioner was represented by Kate Gerayne Westad, and respondent was represented by Debra A. Filteau Begley. The theory of causation is based on the Vaccine Injury Table, and the public decision does not detail specific medical experts, clinical findings, or the precise mechanism of injury.

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