D.D. v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2021)
Case summary [AI summaries can sometimes make mistakes]
Paul and Catherine Derber, as parents on behalf of their minor son D.D., filed a petition for vaccine compensation on April 28, 2017. They alleged that D.D. developed chronic inflammatory demyelinating polyneuropathy (CIDP) after receiving an influenza vaccine on November 9, 2014.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused D.D.'s condition. The parties reached a joint stipulation to settle the case.
Under the terms of the stipulation, the respondent agreed to issue payments totaling $382,885.60. This amount includes a lump sum of $298,075.90 for first-year life care expenses and pain and suffering, and a lump sum of $84,809.70 for past unreimbursable expenses.
Additionally, an amount sufficient to purchase an annuity contract for future expenses was agreed upon. The annuity payments are structured over D.D.'s lifetime and cover various future unreimbursable expenses, including insurance premiums, prescription medication deductibles, medical services, equipment, and care.
The parties stipulated that the flu vaccine is on the Vaccine Injury Table. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation on December 9, 2021.
The public decision does not describe the specific onset of symptoms, medical tests, or treatments D.D. received. Petitioner counsel was Danielle A.
Strait, Esq., and respondent counsel was Claudia B. Gangi, Esq.
The decision was designated as unpublished but will be posted on the court's website.
Theory of causation
Petitioners alleged that D.D. developed chronic inflammatory demyelinating polyneuropathy (CIDP) after receiving an influenza vaccine on November 9, 2014. The respondent denied causation. The parties stipulated that the flu vaccine is on the Vaccine Injury Table, indicating a presumed link between the vaccine and the alleged injury under the program's guidelines. The case was settled via joint stipulation, with the Special Master adopting the terms. The settlement included a lump sum for first-year life care expenses and pain and suffering, a lump sum for past unreimbursable expenses, and an annuity for future expenses. The total award was $382,885.60. Special Master Mindy Michaels Roth issued the decision on December 9, 2021. Petitioner counsel was Danielle A. Strait, Esq., and respondent counsel was Claudia B. Gangi, Esq. The public text does not detail specific medical experts, clinical findings, or the precise mechanism of causation beyond the Table presumption.
Source PDFs
USCOURTS-cofc-1_17-vv-00574