VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00132 Package ID: USCOURTS-cofc-1_19-vv-00132 Petitioner: Karl Tiedemann, Jr Filed: 2019-01-28 Decided: 2022-06-27 Vaccine: influenza Vaccination date: 2016-11-18 Condition: chronic inflammatory demyelinating polyneuropathy Outcome: compensated Award amount USD: 556073 AI-assisted case summary: Karl Tiedemann, Jr. filed a petition on January 28, 2019, alleging that an influenza vaccine he received on November 18, 2016, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Tiedemann's condition. The parties, however, reached a stipulation for an award of compensation. The stipulation detailed a lump sum of $174,925.57 for first-year life care expenses, pain and suffering, and past unreimbursable expenses. Additionally, a lump sum of $381,148.00 was stipulated to reimburse a lien for services rendered by the New Hampshire Medicaid Program. A further amount was to be paid to purchase an annuity contract for future damages. The total stipulated award was $556,073.57. The Special Master found the stipulation reasonable and adopted it as the decision of the Court, ordering judgment to be entered in accordance with its terms. This case was decided based on the stipulation, not on a finding of causation by the court. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00132-0 Date issued/filed: 2022-07-25 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 6/28/2022) regarding 72 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00132-UNJ Document 76 Filed 07/25/22 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: June 28, 2022 * * * * * * * * * * * * * * * * * * * KARL TIEDEMANN, JR, * UNPUBLISHED * Petitioner, * No. 19-132V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza AND HUMAN SERVICES, * (“Flu”) Vaccine; Chronic Inflammatory * Demyelinating Polyneuropathy (“CIDP”). Respondent. * * * * * * * * * * * * * * * * * * * * * Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION BASED ON STIPULATION1 On January 28, 2019, Karl Tiedemann (“petitioner”) filed a petition in the National Vaccine Injury Program2 alleging that as the result of an influenza (“flu”) vaccine administered on November 18, 2016, he suffered chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petition at Preamble (ECF No. 1). On June 27, 2022, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 71). Respondent denies that the flu vaccine caused petitioner’s alleged CIDP, or any other injury, or his current condition. Nevertheless, the parties 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:19-vv-00132-UNJ Document 76 Filed 07/25/22 Page 2 of 10 agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that petitioners shall receive the following compensation: (1) A lump sum of $174,925.57 which amount represents compensation for first year life care expenses ($23,425.57), pain and suffering ($150,000.00), and past unreimbursable expenses ($1,500.00) in the form of a check payable to petitioner; (2) A lump sum of $381,148.00, which amount represents reimbursement of a lien for services rendered on behalf of petitioner by the New Hampshire Medicaid Program, in the form of a check payable jointly to petitioner and Treasurer State of NH-DHHS, 129 Pleasant St. Thayer Bldg. - TPL Unit Concord, NH, 03301 NH MID# l 1005304003 Attn: Michelle Laramee (3) An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Nora B. Dorsey Nora B. Dorsey Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:19-vv-00132-UNJ Document 76 Filed 07/25/22 Page 3 of 10 Case 1:19-vv-00132-UNJ Document 76 Filed 07/25/22 Page 4 of 10 Case 1:19-vv-00132-UNJ Document 76 Filed 07/25/22 Page 5 of 10 Case 1:19-vv-00132-UNJ Document 76 Filed 07/25/22 Page 6 of 10 Case 1:19-vv-00132-UNJ Document 76 Filed 07/25/22 Page 7 of 10 Case 1:19-vv-00132-UNJ Document 76 Filed 07/25/22 Page 8 of 10 Case 1:19-vv-00132-UNJ Document 76 Filed 07/25/22 Page 9 of 10 Case 1:19-vv-00132-UNJ Document 76 Filed 07/25/22 Page 10 of 10