Benjamin Rogers v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (2022)
Case summary [AI summaries can sometimes make mistakes]
On February 7, 2018, Benjamin Rogers filed a petition alleging that an influenza vaccine administered on October 17, 2015, caused him to suffer from chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's condition or any other injury.
Despite the respondent's denial, the parties reached a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
The parties agreed to expedite the entry of judgment by renouncing the right to seek review. Benjamin Rogers was awarded a lump sum of $90,000.00 as compensation for all damages, payable to petitioner.
The decision was filed on April 29, 2022. Petitioner's counsel was Amy A.
Senerth of Muller Brazil, LLP, and respondent's counsel was Adriana Ruth Teitel of the U.S. Department of Justice.
The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. The specific theory of causation is not detailed in the public decision.
Theory of causation
Petitioner Benjamin Rogers alleged that an influenza vaccine administered on October 17, 2015, caused him to suffer from chronic inflammatory demyelinating polyneuropathy (CIDP). Respondent denied causation. The parties reached a stipulation for compensation, and Special Master Nora Beth Dorsey adopted the stipulation as the Court's decision. Petitioner was awarded $90,000.00. The public decision does not specify the theory of causation, mention any medical experts, or detail the mechanism of injury. The case was resolved via stipulation, not through litigation of causation.
Source PDFs
USCOURTS-cofc-1_18-vv-00190