Judges: Nora Beth Dorsey
Filed: Mar. 09, 2018
Latest Update: Mar. 03, 2020
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-956V Filed: November 1, 2017 UNPUBLISHED LEONARD SEAN THOMPSON, Special Processing Unit (SPU); Joint Petitioner, Stipulation on Damages; Influenza v. (Flu) Vaccine; Guillain-Barre Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Juliana Gray MacPherson, U.S. Department of Justice, Washington, DC, for respondent. DECISION O
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-956V Filed: November 1, 2017 UNPUBLISHED LEONARD SEAN THOMPSON, Special Processing Unit (SPU); Joint Petitioner, Stipulation on Damages; Influenza v. (Flu) Vaccine; Guillain-Barre Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Juliana Gray MacPherson, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON..
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In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-956V
Filed: November 1, 2017
UNPUBLISHED
LEONARD SEAN THOMPSON,
Special Processing Unit (SPU); Joint
Petitioner, Stipulation on Damages; Influenza
v. (Flu) Vaccine; Guillain-Barre
Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Juliana Gray MacPherson, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION 1
Dorsey, Chief Special Master:
On August 5, 2016, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., 2 (the “Vaccine
Act”). Petitioner alleges that he suffered Guillain-Barre Syndrome (“GBS”) caused by
his December 12, 2014 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed
November 1, 2017, at ¶ 4. Petitioner further alleges he experienced the residual effects
of his injury for more than six months and that there has been no prior award or
settlement of a civil action for damages as a result of his condition. Petition at 4;
Stipulation at ¶¶ 4-5. “Respondent denies that the flu vaccine administered on or about
December 12, 2014, is the cause of petitioner’s alleged GBS and/or any other injury or
his current condition. ” Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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.
2National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).
Nevertheless, on November 1, 2017, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $155,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-15(a).
Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision. 3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2