Jodi Clesen v. HHS - Influenza, Parsonage-Turner Syndrome (2020)
Case summary [AI summaries can sometimes make mistakes]
Jodi Clesen filed a petition for vaccine compensation on November 1, 2018, alleging that an influenza vaccine administered on November 1, 2018, caused her to develop Parsonage-Turner Syndrome. The respondent was the Secretary of Health and Human Services.
Petitioner counsel was Daryl Laatsch, Esq., and respondent counsel was Debra Begley, Esq. The Special Master was Mindy Michaels Roth.
To be eligible for compensation under the National Vaccine Injury Compensation Program, a petitioner must demonstrate either a "Table Injury" listed on the Vaccine Injury Table or that the injury was actually caused by a vaccine. The record in this case did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence that the alleged Parsonage-Turner Syndrome was vaccine-caused or vaccine-related.
The Act requires claims to be supported by medical records or the opinion of a competent physician. The petitioner did not provide sufficient medical records, nor did she offer a supporting medical opinion.
Consequently, Special Master Mindy Michaels Roth determined that the petitioner failed to demonstrate entitlement to an award. The case was dismissed for insufficient proof, and judgment was entered accordingly on June 15, 2020.
Source PDFs
USCOURTS-cofc-1_18-vv-01698