Mazin Khayat v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (2022)
Case summary [AI summaries can sometimes make mistakes]
Mazin Khayat filed a petition for compensation on January 30, 2020, alleging that the influenza vaccine he received on October 8, 2018, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP). He further alleged that his injury lasted for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused his condition. The parties, represented by counsel Amy A.
Senerth for the petitioner and Mary E. Holmes for the respondent, reached a stipulation for award.
Special Master Herbrina Sanders reviewed the stipulation. The court adopted the stipulation, awarding Mr.
Khayat a lump sum of $55,000.00 as compensation for all damages. This amount represents a settlement of liability and damages claimed under the National Childhood Vaccine Injury Act.
The flu vaccine is listed on the Vaccine Injury Table, and the case proceeded as a Table claim. The decision was issued on October 28, 2022.
The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of injury. The decision also does not name any medical experts.
Theory of causation
Petitioner Mazin Khayat received an influenza vaccine on October 8, 2018, and subsequently developed chronic inflammatory demyelinating polyneuropathy (CIDP), alleging the vaccine caused his condition. The injury was alleged to have lasted more than six months. The respondent denied causation. The case proceeded as a Table claim, as the influenza vaccine is listed on the Vaccine Injury Table. The parties reached a stipulation for award, agreeing to a lump sum of $55,000.00 for all damages. Special Master Herbrina Sanders adopted the stipulation. The public decision does not detail the specific medical experts, the mechanism of injury, or the clinical progression of the condition beyond the duration allegation. Attorneys for the petitioner were Muller Brazil, LLP, and for the respondent, the United States Department of Justice. The decision date was October 28, 2022.
Source PDFs
USCOURTS-cofc-1_20-vv-00101