John Colapietro v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (2019)
Case summary [AI summaries can sometimes make mistakes]
John Colapietro filed a petition for compensation under the National Vaccine Injury Compensation Program on June 13, 2017. He alleged that he developed chronic inflammatory demyelinating polyneuropathy (CIDP) after receiving an influenza vaccine on September 9, 2015, and a Prevnar-13 vaccine on October 26, 2015.
The respondent, the Secretary of Health and Human Services, denied that these immunizations caused his alleged injury. Despite the respondent's denial, the parties reached a settlement.
On March 14, 2019, they filed a joint stipulation agreeing to resolve the case. As part of the stipulation, the respondent agreed to pay Mr.
Colapietro a lump sum of $140,000.00, payable by check to the petitioner. This amount was intended to compensate for all damages available under the program.
Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation. The decision was designated "unpublished" but was posted on the Court of Federal Claims's website.
Petitioner's counsel was Amber Wilson, Esq., and respondent's counsel was Mallori Openchowski, Esq. The specific theory of causation, whether Table or Off-Table, was not detailed in the public decision.
Theory of causation
Petitioner John Colapietro alleged he developed chronic inflammatory demyelinating polyneuropathy (CIDP) after receiving an influenza vaccine on September 9, 2015, and a Prevnar-13 vaccine on October 26, 2015. Respondent denied causation. The parties reached a settlement via joint stipulation filed March 14, 2019. The stipulation did not detail the specific theory of causation. Special Master Mindy Michaels Roth adopted the stipulation. Respondent agreed to pay a lump sum of $140,000.00 to petitioner. Petitioner's counsel was Amber Wilson, Esq., and respondent's counsel was Mallori Openchowski, Esq. Decision date was April 8, 2019.
Source PDFs
USCOURTS-cofc-1_17-vv-00785