VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00002
Package ID: USCOURTS-cofc-1_13-vv-00002
Petitioner: Melody Clowser
Filed: 2014-09-19
Decided: 2014-10-14
Vaccine: influenza
Vaccination date: 2011-02-04
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 211647.49

AI-assisted case summary:
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 October 14, 2014.

Theory of causation field:
Petitioner Melody Clowser alleged that an influenza vaccine administered on February 4, 2011, caused her to suffer from Guillain-Barré syndrome (GBS). The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation and aggravation. The parties entered into a joint stipulation for compensation, agreeing to an award of $200,000.00 to Petitioner, plus $9,639.62 and $2,007.87 for Medicaid lien reimbursement, totaling $211,647.49. This case was resolved via stipulation, and the public decision does not detail specific medical experts, clinical findings, or a detailed mechanism of causation beyond the Table listing. Special Master Lisa Hamilton-Fieldman adopted the stipulation. Petitioner's counsel was Danielle Strait, and Respondent's counsel was Darryl R. Wishard. The decision date was October 14, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00002-0
Date issued/filed: 2014-10-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/19/2014) regarding 38 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00002-UNJ Document 43 Filed 10/14/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-2V
Filed: September 19, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
MELODY CLOWSER, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Danielle Strait, Maglio, Christopher and Toale, PA, Washington, D.C., for Petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On January 2, 2013, Melody Clowser (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that she suffered from Guillain-Barré syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine administered to her on February 4, 2011. See Petition at 1-2.
On September 19, 2014, the parties filed a stipulation in which they stated that a decision
should be entered awarding compensation.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00002-UNJ Document 43 Filed 10/14/14 Page 2 of 7
Respondent denies that the flu vaccine either caused or significantly aggravated
Petitioner’s GBS or any other injury, and denies that she experienced symptoms of GBS or any
other injury for more than six months. Nevertheless, the parties agree to the joint stipulation,
attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $200,000.00 in the form of a check payable to Petitioner;
A lump sum of $9,639.62, which amount represents compensation for
reimbursement of a Medicaid lien, in the form of a check payable jointly to
Petitioner and the State of Colorado, Department of Health Care Policy &
Financing, ID # G648127. Petitioner agrees to endorse this payment to the Medicaid
provider; and
A lump sum of $2,007.87, which amount represents compensation for
reimbursement of a Medicaid lien, in the form of a check payable jointly to
Petitioner and the Colorado Health Partnership, ID # G648127. Petitioner agrees to
endorse this payment to the Medicaid provider.
These amounts represent compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MELODY CLOWSER, )
)
Petitioner, ) No. 13-2V ECF
)
v. ) Special Master Hamilton-Fieldman ·
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
~~~~~~~~~~~~~~)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Melody Clowser, filed a petition for vaccine compensation under the
National Va?cine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the trivalent influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table
-(the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on February 4, 2011.
3. The vaccine was administered within the United States.
4. Petitioner alleges that, as a result ofreceiving'the flu vaccine, she suffered from
Guillain-Barre syndrome ("GBS"), and that she experienced symptoms of GBS for more than six
months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of this injury.

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6. Respondent denies that the flu vaccine either caused or significantly aggravated
petitioner's GBS or any other injury, and denies that she experienced symptoms of GBS or any
other injury for more than six months.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting ;:1 decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payments:
a. A lump sum of $200,000.00 in the form of a check payable to petitioner.
b. A lump sum of$ $9,639.62, which amount represents compensation for
reimbursement of a Medicaid lien, in the form of a check payable jointly to
petitioner and the State of Colorado, Department of Health Care Policy &
Financing, ID# G648127. Petitioner agrees to endorse this payment to the
Medicaid provider.
c. A.lump sum of $2,007.87, which amount represents compensation for
reimbursement of a Medicaid lien, in the form of a check payable jointly to
petitioner and.the Colorado Health Partnership, ID# G648127. Petitioner
agrees to endorse this payment to the Medicaid provider.
The above amounts represent compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
2

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upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payments made pursuant to paragraph 8 of this·Stipulation, and any amounts
awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C.
§ 300aa-15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate'that, except for any award
for attorneys' fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U.S.C.
§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions, causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
3

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alleged to have resulted from, the flu vaccine administered on February 4, 2011, as alleged by
petitioner in a petition for vaccine compensation filed on or about January 2, 2013, in the United
States Court of Federal Claims as petition No. 13-2V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidab}e at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine InJury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine either caused or significantly
aggravated petitioner's alleged injury or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

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Respectfully submitted,
PF..TITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
VINCENT J. ATANOSK1
Maglio, Chri$"()pher & T ~ le, PA D to! e '. p tS u t B y r D an ir c e h c . t · o .. r ·
14~f5 Pennsylvania Avenue, NW. Suite4oo
Washington. DC 20004 Civil Division
888-952-5242 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Sta6on
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE
ATTOR.111EYOFRECORDFOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
A. MELISSA HOUSTON, M.D., M.P.H, FAAP DARRYL R. WISHARD
Acting Director, Diviskm Qf Vaccine Trial Attorney
Injury Compensation (DV1C) Tori:S Branch
Acting Director, Countermeasures Injury Civil Division
Coinpens_a.tion Program (C::J.f:P) U.S. Department of Justice
Healthcare Systems Bureau P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services
Washington, DC 20044·0146
5600 Fishers Lane (202) 616~4357
Parklawn Building, Mail Stop 11 C-26
~857 r· .
R.o ckville, MD
lJ (\ ( tY'"
C{
Dated:
5