Richard D. Thompson v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2021)
Case summary [AI summaries can sometimes make mistakes]
On January 2, 2020, Ruth B. Thompson, as Personal Representative of the Estate of Richard D.
Thompson, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that an influenza vaccine administered to Mr.
Thompson on January 5, 2017, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP) and that he experienced residual effects for more than six months. The petition did not allege that Mr.
Thompson's death on February 2, 2019, was a sequela of the alleged vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr.
Thompson's CIDP, any other injury, or his death. Nevertheless, the parties filed a joint stipulation for award on October 5, 2021.
Special Master Herbrina Sanders reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The stipulation awarded Petitioner a lump sum of $90,000.00, payable to Petitioner as personal representative of the estate, as compensation for all damages.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. The attorneys involved were Leah V.
Durant for the Petitioner and James V. Lopez for the Respondent.
Theory of causation
Petitioner alleged that the January 5, 2017 influenza vaccine caused Richard D. Thompson to develop chronic inflammatory demyelinating polyneuropathy (CIDP) and residual effects lasting more than six months. Respondent denied causation. The parties stipulated to an award of $90,000.00 for all damages, without admission of causation. Mr. Thompson passed away on February 2, 2019, but his death was not alleged to be a sequela of the vaccine injury. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused CIDP. The Special Master adopted the stipulation, awarding $90,000.00. The decision was issued by Special Master Herbrina Sanders on October 7, 2021. Petitioner was represented by Leah V. Durant, and Respondent by James V. Lopez.
Source PDFs
USCOURTS-cofc-1_20-vv-00003