Damaris Shaffer Miltenberger v. HHS - Influenza, Guillain-Barré syndrome (“GBS”) and chronic inflammatory demyelinating polyneuropathy (“CIDP”) (2019)
Case summary [AI summaries can sometimes make mistakes]
Damaris Shaffer Miltenberger filed a petition on October 10, 2017, alleging that the influenza and Tetanus-diphtheria-acellular pertussis (Tdap) vaccines she received on November 7, 2014, caused her to develop Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP). The vaccines are listed on the Vaccine Injury Table.
Ms. Miltenberger alleged that she suffered residual effects from these injuries for more than six months and that there had been no prior award or settlement for her condition.
The respondent denied that the vaccines caused her GBS, CIDP, or any other injury. Despite the respondent's denial, the parties reached a joint stipulation for compensation.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
The stipulation awarded Damaris Shaffer Miltenberger a lump sum of $300,276.69, payable by check, as compensation for all damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.
Petitioner was represented by John Leonard Shipley, and Respondent was represented by Lisa Ann Watts.
Theory of causation
Petitioner Damaris Shaffer Miltenberger received an influenza and Tdap vaccine on November 7, 2014. She alleged that these vaccines caused Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP), conditions listed on the Vaccine Injury Table. She claimed residual effects for more than six months. Respondent denied causation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation awarded a lump sum of $300,276.69. The public decision does not detail the specific mechanism of causation, expert testimony, or clinical findings. Petitioner counsel was John Leonard Shipley; Respondent counsel was Lisa Ann Watts. Decision date was September 6, 2019.
Source PDFs
USCOURTS-cofc-1_17-vv-01491