Quinton Kapper v. HHS - Influenza, Vasculitis of the Central Nervous System (CNS Vasculitis); Acute Disseminated Encephalomyelitis (ADEM); Meningitis, Asceptic Meningitis (sic); Autoimmune Process, Stroke (2021)
Case summary [AI summaries can sometimes make mistakes]
On October 16, 2017, Quinton Kapper filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine received on October 21, 2014, caused him to suffer from Vasculitis of the Central Nervous System (CNS Vasculitis), Acute Disseminated Encephalomyelitis (ADEM), meningitis, an autoimmune process, and stroke. Petitioner claimed his injury lasted over six months and required two hospitalizations.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused Petitioner's alleged injuries. The parties subsequently filed a stipulation for award on August 3, 2021.
As part of the stipulation, the parties agreed that Petitioner should receive a lump sum payment of $75,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court.
Judgment was to be entered in accordance with the terms of the stipulation, unless a motion for review was filed. The petition was filed on October 16, 2017, and the decision was issued on August 30, 2021.
Petitioner was represented by Daniel J. Mannix of Muller, Mannix & Hobbs, PLLC, and Respondent was represented by Ida Nassar of the United States Department of Justice.
Theory of causation
Petitioner alleged that the influenza vaccine administered on October 21, 2014, caused CNS Vasculitis, ADEM, meningitis, an autoimmune process, and stroke, with symptoms lasting over six months and resulting in two hospitalizations. Respondent denied causation. The parties filed a stipulation for award on August 3, 2021, agreeing to a lump sum payment of $75,000.00 to Petitioner. Special Master Herbrina Sanders adopted the stipulation as the decision of the Court on August 30, 2021. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details supporting the theory of causation, nor does it detail the breakdown of the award beyond the total lump sum amount.
Source PDFs
USCOURTS-cofc-1_17-vv-01538