Edward Alexander Clendon v. HHS - Influenza, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2022)

Filed 2018-06-11Decided 2022-06-07Vaccine Influenza
compensated$75,000death

Case summary [AI summaries can sometimes make mistakes]

On June 11, 2018, Edward Clendon filed a petition under the National Vaccine Injury Compensation Program alleging that he suffered Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of an influenza vaccination received on October 2, 2015. Mr.

Clendon was an adult at the time of vaccination. Following Mr.

Clendon's death, his wife, Charla Clendon, was substituted as the personal representative of his estate and continued as the petitioner. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated Mr.

Clendon's alleged CIDP, any other injury, or his subsequent death. Despite the respondent's denial, the parties reached a stipulation for compensation.

Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded the estate $75,000.00 in a lump sum, payable to Charla Clendon as the legal representative of the Estate of Edward Alexander Clendon.

This amount was intended to cover all damages available under the Vaccine Act. The decision was based on this stipulation, and judgment was to be entered accordingly, provided no motion for review was filed.

The petitioner was represented by Nancy R. Meyers of Turning Point Litigation, and the respondent was represented by Zoe Wade of the U.S.

Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation

Petitioner alleged that an influenza vaccination received on October 2, 2015, caused Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The stipulation awarded the estate $75,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused CIDP. The decision was based on the stipulation, not on a finding of causation after litigation. Petitioner's counsel was Nancy R. Meyers, and respondent's counsel was Zoe Wade. The decision date was June 7, 2022.

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