United States Court of Federal Claims, 2019

Clawson v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided July 30, 2019 · Katherine E. Oler

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 17-191V (Not to be published)

***************************** JANET CLAWSON, *

* Petitioner, * Filed: May 22, 2019

* v. * Decision by Stipulation; Damages;

* Influenza (“Flu”) Vaccine. *

SECRETARY OF HEALTH AND * HUMAN SERVICES, *

* Respondent. *

***************************** Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for Petitioner.

Alexis Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On February 9, 2017, Janet Clawson (“Petitioner”) filed2 a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).3 Pet., ECF No. 1. Petitioner alleges 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 (“flu”) vaccination on October 14, 2014. Id.

Respondent denies “that the flu vaccine caused [P]etitioner to suffer a left shoulder injury, or myositis, or any other injury or condition.” See Stipulation ¶ 6, dated May 22, 2019, ECF No. 37. Nonetheless both parties, while maintaining their above-stated positions, agreed in a joint stipulation filed May 22, 2019 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards:

1. A lump sum of $60,000.00 in the form of a check payable to Petitioner; and, 2. A lump sum of $2,123.43 representing reimbursement of the State of Colorado

Medicaid lien in the form of a check payable jointly to Petitioner and Colorado Department of Health Care Policy and Financing Tort and Casualty Recovery Program 333 W. Hampden Ave, Suite 425 Englewood, CO 80110

Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

I approve a Vaccine Program award in the requested amounts set forth above. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.4

IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). This means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id. 2 This matter was initially assigned to Special Master Roth and re-assigned to my docket on June 8, 2018. 3 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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review.

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