Margaret Marsh v. HHS - Influenza, chronic inflammatory demyelinating polyneuritis (2018)

Filed 2018-09-20Decided 2018-11-05Vaccine Influenza
compensated$90,000

Case summary [AI summaries can sometimes make mistakes]

Margaret R. Marsh filed a petition on November 16, 2016, alleging that an influenza vaccine administered on November 27, 2013, caused her to develop chronic inflammatory demyelinating polyneuritis (CIDP).

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury. Despite the denial, the parties reached a stipulation recommending an award of compensation.

Chief Special Master Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $90,000.00, payable to Ms.

Marsh, as compensation for all damages available under the National Vaccine Injury Compensation Program. Judgment was to be entered in accordance with the terms of the stipulation, unless a motion for review was filed.

Petitioner's counsel was Jeffrey S. Pop of Jeffrey S.

Pop & Associates. Respondent's counsel was Colleen C.

Hartley of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation

Petitioner Margaret R. Marsh alleged that an influenza vaccine administered on November 27, 2013, caused her to develop chronic inflammatory demyelinating polyneuritis (CIDP). The respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Chief Special Master Nora B. Dorsey. Petitioner was awarded $90,000.00 as a lump sum. The public decision does not detail the specific theory of causation, mechanism of injury, or any expert testimony presented. The case was resolved via stipulation.

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