Janice Eby v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2019)
Case summary [AI summaries can sometimes make mistakes]
Janice Eby filed a petition for compensation under the National Vaccine Injury Compensation Program on February 2, 2018, alleging that she developed chronic inflammatory demyelinating polyneuropathy (CIDP) after receiving a flu vaccination on or about September 24, 2016. The respondent denied that the immunization caused her injury.
The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, or treatments. Ms.
Eby also received a Pneumovax vaccine on October 12, 2016, which is not on the Vaccine Injury Table. The parties subsequently filed a joint stipulation agreeing to settle the case.
The stipulation outlined that the respondent would issue a payment of $160,000.00 to Ms. Eby as compensation for all damages.
Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation in the agreed-upon amount. The decision was filed on November 4, 2019.
Petitioner's counsel was Diana Stadelnikas, Esq. Respondent's counsel was Mallori Openchowski, Esq.
Theory of causation
Petitioner Janice Eby alleged that a flu vaccination received on or about September 24, 2016, caused her to develop chronic inflammatory demyelinating polyneuropathy (CIDP). Respondent denied causation. The parties reached a settlement via joint stipulation, agreeing to compensation of $160,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was decided by Special Master Mindy Michaels Roth on November 4, 2019. Petitioner was represented by Diana Stadelnikas, Esq., and respondent by Mallori Openchowski, Esq.
Source PDFs
USCOURTS-cofc-1_18-vv-00177