Melody Clowser v. HHS - Influenza, Guillain-Barré syndrome (2014)

Melody Clowser, an adult, filed a petition on January 2, 2013, under the National Vaccine Injury Compensation Program alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza ("flu") vaccine on February 4, 2011. The flu vaccine is listed on the Vaccine Injury Table.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated Petitioner's GBS or any other injury, and denied that she experienced symptoms of GBS or any other injury for more than six months. Despite these denials, the parties reached a joint stipulation for compensation.

Special Master Lisa Hamilton-Fieldman adopted the stipulation as the court's decision. The stipulation provided for a total award of $211,647.49.

This amount included a lump sum of $200,000.00 payable to Petitioner, $9,639.62 to reimburse a Medicaid lien payable jointly to Petitioner and the State of Colorado, Department of Health Care Policy & Financing, and $2,007.87 to reimburse another Medicaid lien payable jointly to Petitioner and the Colorado Health Partnership. These amounts were stipulated to represent compensation for all damages available under the National Vaccine Injury Compensation Program.

Petitioner was represented by Danielle Strait of Maglio, Christopher and Toale, PA, and Respondent was represented by Darryl R. Wishard of the United States Department of Justice.

The decision was issued on September 19, 2014.