VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00819 Package ID: USCOURTS-cofc-1_18-vv-00819 Petitioner: Edward Alexander Clendon Filed: 2018-06-11 Decided: 2022-06-07 Vaccine: influenza Vaccination date: 2015-10-02 Condition: Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00819-2 Date issued/filed: 2022-06-07 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 5/10/2022) regarding 112 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mca) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00819-UNJ Document 116 Filed 06/07/22 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: May 10, 2022 * * * * * * * * * * * * * * * CHARLA CLENDON, as Personal * Representative of the Estate of Edward * Alexander Clendon, * UNPUBLISHED * Petitioner, * No. 18-819V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza AND HUMAN SERVICES, * (“Flu”); Chronic Inflammatory * Demyelinating Polyneuropathy (“CIDP”). Respondent. * * * * * * * * * * * * * * * * * Nancy R. Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner. Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent. DECISION BASED ON STIPULATION1 On June 11, 2018, Edward Clendon (“Mr. Clendon”) filed a petition for compensation under the National Vaccine Injury Compensation Program (“Vaccine Act” or “the Program”), 42 U.S.C. § 300aa-10 et seq. (2012).2 Petitioner alleged that he suffered chronic inflammatory demyelinating polyneuropathy (“CIPD”) as the result of an influenza (“flu”) vaccination he received on October 2, 2015. Petition at Preamble (ECF No. 1). Upon his death, his wife Charla Clendon (“Petitioner”), as personal representative of his estate, was substituted as Petitioner. 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 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-10 to -34 (2012) (“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 1:18-vv-00819-UNJ Document 116 Filed 06/07/22 Page 2 of 8 On May 10, 2022, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 111). Respondent denies that the flu vaccine caused or significantly aggravated Mr. Clendon’s alleged CIDP, or any other injury, or his subsequent death. Id. at ¶ 6. 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 stipulate that Petitioner shall receive the following compensation: (1) A lump sum of $75,000.00 in the form of a check payable to Petitioner, as legal representative of the Estate of Edward Alexander Clendon. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 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 Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey 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 Case 1:18-vv-00819-UNJ Document 116 Filed 06/07/22 Page 3 of 8 Case 1:18-vv-00819-UNJ Document 116 Filed 06/07/22 Page 4 of 8 Case 1:18-vv-00819-UNJ Document 116 Filed 06/07/22 Page 5 of 8 Case 1:18-vv-00819-UNJ Document 116 Filed 06/07/22 Page 6 of 8 Case 1:18-vv-00819-UNJ Document 116 Filed 06/07/22 Page 7 of 8 Case 1:18-vv-00819-UNJ Document 116 Filed 06/07/22 Page 8 of 8