Carl Konen v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (“CIDP”) (2021)

Carl Konen filed a petition for compensation on February 2, 2018, alleging that the influenza vaccine he received on September 26, 2016, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated Mr.

Konen's condition. Despite the respondent's denial, the parties reached a stipulation for compensation, which Special Master Christian J.

Moran adopted as the decision of the Court. The stipulation awarded Mr.

Konen a total of $314,601.13 in lump sum payments. This included $304,168.16 payable to Mr.

Konen for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. Additionally, $1,296.97 was awarded jointly to Mr.

Konen and Summa Health System for past unreimbursable expenses, and $9,236.65 was awarded jointly to Mr. Konen and Accredo Health, Inc. for past unreimbursable expenses.

The award also included provisions for future expenses through the purchase of an annuity contract. This annuity covers various future unreimbursable expenses, including health insurance out-of-pocket maximums, Medigap C and Medicare Part D expenses, podiatrist, gym, and Tylenol expenses, durable medical equipment like reachers, canes, and walkers, scooter and life chair expenses, home health care, ancillary services, and driving evaluation expenses.

These future expense payments begin on the first anniversary of the judgment date and increase at a rate of three percent, compounded annually. The duration of these payments varies, with some paid for the remainder of Mr.

Konen's life and others for specified periods up to 2038. Petitioner was represented by Mark T.

Sadaka of Mark T. Sadaka, LLC, and respondent was represented by Mollie D.

Gorney of the United States Department of Justice. The decision was filed on March 9, 2021.