Duane Verhasselt v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2022)
Case summary [AI summaries can sometimes make mistakes]
Duane Verhasselt filed a petition on July 17, 2018, alleging that he suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of an influenza vaccine he received on September 18, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused his condition or that his current condition was a sequelae of a vaccine-related injury.
The parties reached a joint stipulation for settlement on May 25, 2022, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H.
Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Duane Verhasselt was awarded a lump sum of $202,639.59, payable to him, representing compensation for all damages available under the Vaccine Act.
This amount is intended to cover all items of damages available under Section 15(a) of the Act. The case was processed as a Table claim, as CIDP is listed on the Vaccine Injury Table for the influenza vaccine.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Ronalda Elnetta Kosh of the U.S.
Department of Justice. The stipulation stated that it was a full and complete negotiated settlement of liability and damages, and it did not constitute an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged CIDP or any other injury.
The parties agreed to submit to further proceedings for the award of reasonable attorneys' fees and costs.
Theory of causation
Petitioner Duane Verhasselt received an influenza vaccine on September 18, 2015, and subsequently alleged he suffered from chronic inflammatory demyelinating polyneuropathy (CIDP). Respondent denied causation. The case was processed as a Table claim, as CIDP is listed on the Vaccine Injury Table for the influenza vaccine. The parties entered into a joint stipulation for settlement, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation. Petitioner was awarded a lump sum of $202,639.59. Petitioner was represented by Maximillian J. Muller, and respondent was represented by Ronalda E. Kosh. The stipulation, dated May 25, 2022, and adopted in a decision on June 30, 2022, does not detail the specific medical evidence or expert testimony presented, but reflects a negotiated settlement of liability and damages.
Source PDFs
USCOURTS-cofc-1_18-vv-01039