Michael Clayton v. HHS - Influenza, septic arthritis of his right shoulder joint and osteomyelitis of his right upper extremity (2025)

Michael Clayton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) or, in the alternative, that his injuries were caused in fact by an influenza vaccination he received on November 16, 2022. He further alleged that his injuries resulted in residual effects lasting more than six months.

The respondent conceded that Mr. Clayton is entitled to compensation, stating that he developed septic arthritis of his right shoulder joint and osteomyelitis of his right upper extremity, which was more likely than not caused in fact by the flu vaccine administered at the same location.

The respondent also agreed that Mr. Clayton met the statutory requirement for injury duration.

Based on the respondent's concession and the evidence, the court found Mr. Clayton entitled to compensation.

Subsequently, the parties reached a stipulation for damages. The court awarded Mr.

Clayton a total of $162,733.29, comprising $145,000.00 for pain and suffering and $17,733.29 to satisfy a State of Colorado Medicaid lien. The award represents compensation for all damages available under the Act.