Cameron Sharp v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (2020)

On May 11, 2017, Cameron Sharp filed a petition in the National Vaccine Injury Compensation Program, alleging that he developed chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccine on December 17, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury.

Despite maintaining their respective positions, the parties reached a stipulation to settle the case, which was filed on March 12, 2020. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case. The stipulation awarded Cameron Sharp a lump sum of $189,072.65, intended to cover first-year life care expenses, pain and suffering, and past unreimbursable expenses.

This lump sum was to be paid via check to the petitioner. Additionally, the stipulation provided for an amount sufficient to purchase an annuity contract for future expenses.

The annuity contract was to be purchased from a life insurance company meeting specific financial and rating criteria. The annuity payments were structured to cover future unreimbursable expenses, including insurance maximum out-of-pocket expenses, Affordable Care Act maximum out-of-pocket expenses, Medicare Part B deductible expenses, and Medigap Plan G and Medicare Part D expenses.

These payments were to begin on the first anniversary of the judgment date, with varying start dates and durations, and were to increase at a rate of three percent compounded annually. The annuity payments were to continue for the remainder of the petitioner's life, contingent upon him being alive at the time a payment is due.

The decision, filed on April 24, 2020, directed the entry of judgment consistent with the terms of the stipulation. The case was treated as a Table claim.

Petitioner was represented by Amber D. Wilson of Maglio Christopher & Toale, P.A., and respondent was represented by Camille M.

Collett of the U.S. Department of Justice.

The stipulation also addressed the process for awarding reasonable attorneys' fees and costs, and included a release of claims by the petitioner against the United States and the Secretary of Health and Human Services in exchange for the compensation awarded.