Janet Clawson v. HHS - Influenza, shoulder injury related to vaccine administration, including shoulder pain, weakness and lack of range of motion in her left arm (2019)

Filed 2017-05-22Decided 2019-07-30Vaccine Influenza
compensated$62,123

Case summary [AI summaries can sometimes make mistakes]

Janet Clawson filed a petition on May 22, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration, including shoulder pain, weakness, and lack of range of motion in her left arm, as a result of receiving an influenza vaccination on October 14, 2014.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's injury. Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation filed on May 22, 2019.

Special Master Katherine E. Oler reviewed the file and adopted the stipulation as her decision.

The stipulation awarded Janet Clawson compensation in the form of a lump sum of $60,000.00 payable to Petitioner. Additionally, $2,123.43 was awarded to reimburse the State of Colorado Medicaid lien, payable jointly to Petitioner and the Colorado Department of Health Care Policy and Financing.

This award represents compensation for all damages available under the program. The decision was entered by stipulation on July 30, 2019.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Petitioner was represented by Randall G.

Knutson of Knutson & Casey Law Firm, and Respondent was represented by Alexis Babcock of the U.S. Department of Justice.

Theory of causation

Petitioner Janet Clawson alleged a shoulder injury related to vaccine administration, including pain, weakness, and lack of range of motion in her left arm, following an influenza vaccination on October 14, 2014. Respondent denied causation. The parties reached a settlement via joint stipulation, which was adopted by Special Master Katherine E. Oler. The stipulation awarded Petitioner $60,000.00 and $2,123.43 for a Medicaid lien reimbursement. The specific theory of causation, medical experts, or mechanism of injury were not detailed in the public decision, as the case was resolved by stipulation. The decision date was July 30, 2019. Petitioner's counsel was Randall G. Knutson, and Respondent's counsel was Alexis Babcock.

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