Robert Thaner v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2025)
Case summary [AI summaries can sometimes make mistakes]
Robert Thaner, an adult, received an influenza vaccine on September 25, 2019. His estate, represented by Anthony Musto (who substituted for Nathaniel Shipp in December 2023), filed a petition on August 1, 2022, alleging that Thaner suffered chronic inflammatory demyelinating polyneuropathy (CIDP) that was caused or significantly aggravated by the vaccine.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Thaner's alleged CIDP, or any other injury, or his death. The parties subsequently filed a stipulation recommending an award of compensation.
Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The stipulation awarded the estate $80,000.00 as a lump sum, to be paid via ACH deposit to Petitioner's counsel's IOLTA account for prompt disbursement.
Additionally, the estate was awarded a lump sum of $35,000.00 to reimburse a lien from the Connecticut Department of Administrative Services. This reimbursement was to be paid in the form of a check payable jointly to Petitioner and the State of Connecticut DAS – Collection Services, with Petitioner agreeing to endorse the check to the State.
This total award of $115,000.00 represents compensation for all damages available under the National Vaccine Injury Compensation Program. The decision was based on this stipulation, and judgment was to be entered accordingly, with the parties having renounced the right to seek review.
Theory of causation
Petitioner alleged that Robert Thaner suffered chronic inflammatory demyelinating polyneuropathy (CIDP) caused or significantly aggravated by an influenza vaccine administered on September 25, 2019. Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The stipulation awarded a total of $115,000.00: $80,000.00 as a lump sum and $35,000.00 to reimburse a lien from the Connecticut Department of Administrative Services. The public decision does not describe the specific theory of causation, medical experts, clinical details of the alleged injury, or the mechanism by which the vaccine allegedly caused CIDP. The award was based solely on the parties' stipulation. Attorneys for Petitioner were Danielle Anne Strait (Mctlaw) and for Respondent was Katherine Carr Esposito (U.S. Department of Justice). The decision date was February 13, 2025.
Source PDFs
USCOURTS-cofc-1_22-vv-00833