Robert P. Dipietro v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2021)
Case summary [AI summaries can sometimes make mistakes]
Robert P. Dipietro filed a petition on December 9, 2019, seeking compensation under the National Vaccine Injury Compensation Program.
He alleged that he suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of an influenza vaccination received on February 8, 2017. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated petitioner's alleged CIDP or any other injury.
Despite these positions, both parties agreed to settle the issues and enter a decision awarding compensation. Special Master Katherine E.
Oler reviewed the file and adopted the parties' stipulation as her decision. The stipulation awarded a lump sum of $45,000.00, payable to Petitioner, for all damages available under 42 U.S.C. § 300aa-15(a).
The decision, dated December 3, 2021, directed the Clerk of the Court to enter judgment accordingly. Petitioner's counsel was Howard Gold, and respondent's counsel was Ida Nassar.
The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert testimony. The theory of causation is not detailed in the public decision.
Theory of causation
Petitioner Robert P. Dipietro alleged that an influenza vaccine administered on February 8, 2017, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP). Respondent denied causation. The parties reached a joint stipulation to settle the matter, and Special Master Katherine E. Oler adopted this stipulation. The stipulation resulted in a decision awarding Petitioner $45,000.00 in damages. The public decision does not specify the medical mechanism of injury, name any experts, or detail the evidence considered, stating only that the parties agreed to settle. The decision date was December 3, 2021. Petitioner was represented by Howard Gold, and Respondent by Ida Nassar.
Source PDFs
USCOURTS-cofc-1_19-vv-01853