Mariann Bird v. HHS - Influenza, acute inflammatory demyelinating polyneuropathy (“AIDP”) and chronic inflammatory demyelinating polyneuropathy (“CIDP”) (2021)
Case summary [AI summaries can sometimes make mistakes]
Mariann Bird filed a petition for compensation on September 12, 2019, alleging that an influenza vaccine she received on January 12, 2017, caused her to develop acute inflammatory demyelinating polyneuropathy (AIDP) and chronic inflammatory demyelinating polyneuropathy (CIDP). She further alleged that she suffered residual effects from these conditions for more than six months.
The influenza vaccine is listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms.
Bird's condition. The parties subsequently filed a joint stipulation agreeing to compensation.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
The stipulation awarded Mariann Bird a lump sum payment of $170,000.00, payable by check to the petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism by which the vaccine allegedly caused the injury.
Petitioner was represented by Sylvia Chin-Caplan of the Law Office of Sylvia Chin-Caplan, LLC, and respondent was represented by Voris Johnson of the United States Department of Justice. The decision was filed on April 21, 2021, and entered on May 18, 2021.
Theory of causation
Petitioner Mariann Bird received an influenza vaccine on January 12, 2017. She alleged that this vaccine caused her to develop acute inflammatory demyelinating polyneuropathy (AIDP) and chronic inflammatory demyelinating polyneuropathy (CIDP), with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties submitted a joint stipulation for compensation, which Special Master Christian J. Moran adopted. The stipulation resulted in an award of $170,000.00. The public decision does not detail the specific medical experts, the proposed mechanism of injury, or the specific evidence considered beyond the stipulation. The theory of causation is based on the Vaccine Injury Table.
Source PDFs
USCOURTS-cofc-1_19-vv-01400