Gerard Pepeta v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2020)
Case summary [AI summaries can sometimes make mistakes]
On August 21, 2018, Gerard Pepeta filed a petition alleging that an influenza vaccine administered on September 16, 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 Mr.
Pepeta's condition. Despite this denial, the parties filed a joint stipulation on July 16, 2020, recommending an award of compensation to the petitioner.
Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the court. Mr.
Pepeta was awarded a total of $304,765.32. This amount included a lump sum of $304,765.32, which was designated for first-year life care expenses ($4,765.32) and combined lost earnings, pain and suffering, and past unreimbursable expenses ($300,000.00).
An additional amount was to be paid to a life insurance company to purchase an annuity contract, as described in the stipulation. The case was resolved based on this stipulation, and judgment was entered accordingly.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Ronald C.
Homer represented the petitioner, and Christina M. Becer represented the respondent.
Theory of causation
Gerard Pepeta alleged that an influenza vaccine administered on September 16, 2015, caused him to suffer from chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The award included a lump sum of $304,765.32 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation. The case was resolved by stipulation on July 16, 2020. Petitioner counsel was Ronald C. Homer, and respondent counsel was Christina M. Becer.
Source PDFs
USCOURTS-cofc-1_18-vv-01262