Merlyn Bonham v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2023)
Case summary [AI summaries can sometimes make mistakes]
Merlyn Bonham filed a petition on September 2, 2021, seeking compensation under the National Vaccine Injury Compensation Program for chronic inflammatory demyelinating polyneuropathy (CIDP) allegedly caused by an influenza vaccination received on September 12, 2018. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused the petitioner to suffer from CIDP or any other injury.
Despite these denials, both parties entered into a joint stipulation to settle the case, agreeing that a decision should be entered awarding the petitioner compensation. Special Master Katherine E.
Oler reviewed the file and concluded that the stipulation was reasonable, adopting it as her decision. Under the terms of the stipulation, Merlyn Bonham was awarded a lump sum of $45,000.00, payable by check, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The decision was issued on October 4, 2023. Glen Sturtevant, Jr. represented the petitioner, and Michael Lang represented the respondent.
The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or any medical experts consulted.
Theory of causation
Petitioner Merlyn Bonham alleged that an influenza vaccination received on September 12, 2018, caused him to suffer from chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied that the vaccination caused a Table injury or any other injury. The parties entered into a joint stipulation to settle the case, with the respondent denying causation but agreeing to a settlement. The Special Master adopted the stipulation as the decision. The award was $45,000.00 as a lump sum. The theory of causation was "Off-Table." The public decision does not name medical experts or describe the specific mechanism of injury. The decision was issued by Special Master Katherine E. Oler on October 4, 2023. Petitioner's counsel was Glen Sturtevant, Jr., and respondent's counsel was Michael Lang.
Source PDFs
USCOURTS-cofc-1_21-vv-01792