Branch R. Lew v. HHS - Tdap, chronic inflammatory demyelinating polyneuropathy (CIDP) (2021)
Case summary [AI summaries can sometimes make mistakes]
On May 8, 2019, Branch R. Lew filed a petition under the National Vaccine Injury Compensation Program alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on June 9, 2016, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP) and that this injury lasted for more than six months.
Initially, the petition included allegations related to other vaccines and conditions, but the parties later stipulated to compensation specifically for CIDP allegedly sustained due to the Tdap vaccination. The respondent denied that the Tdap vaccine caused Petitioner's CIDP or any other injury, and denied that his condition was a sequelae of a vaccine-related injury.
Despite these denials, the parties reached a joint stipulation for an award. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court.
The stipulation provided for a lump sum award of $190,500.00, payable to Petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Judgment was to be entered in accordance with the terms of the stipulation.
Theory of causation
Petitioner Branch R. Lew alleged that the Tdap vaccine received on June 9, 2016, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP), which lasted more than six months. The respondent denied causation. The parties stipulated to an award of $190,500.00 for all damages. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. The decision was made by Special Master Herbrina Sanders on December 2, 2021, based on a joint stipulation for award.
Source PDFs
USCOURTS-cofc-1_19-vv-00679