VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00026
Package ID: USCOURTS-cofc-1_13-vv-00026
Petitioner: Thomas Bookey
Filed: 2013-01-14
Decided: 2017-06-07
Vaccine: influenza
Vaccination date: 2011-10-11
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 1977283

AI-assisted case summary:
Denise Rosenbloom filed a petition on January 14, 2013, on behalf of her husband, Thomas Bookey, alleging that an influenza (flu) vaccination Mr. Bookey received on or about October 11, 2011 caused him to develop Guillain-Barré Syndrome (GBS). Respondent denied that the flu vaccine caused Mr. Bookey to suffer from GBS or any other injury, and denied that his current disabilities are sequelae of a vaccine-related injury.

Nonetheless, both parties agreed to a joint stipulation filed May 8, 2017 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Ms. Rosenbloom, acting as guardian and conservator of Mr. Bookey's estate, received a lump sum of $1,977,283.93, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Payment was contingent upon Ms. Rosenbloom providing documentation establishing her appointment as guardian/conservator. An annuity was also purchased for future compensation.

Theory of causation field:
Flu ~Oct 11, 2011 → GBS. Guardian Denise Rosenbloom filed on behalf of Thomas Bookey. Joint stipulation May 8, 2017; SM Gowen. Comp $1,977,283.93 + annuity (Shoemaker, Shoemaker and Associates, Vienna VA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00026-0
Date issued/filed: 2017-06-07
Pages: 11
Docket text: PUBLIC DECISION (Originally filed: 05/08/2017) regarding 108 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00026-UNJ Document 114 Filed 06/07/17 Page 1 of 11
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 8, 2017
* * * * * * * * * * * * *
THOMAS BOOKEY, by his wife and *
guardian, DENISE ROSENBLOOM, * UNPUBLISHED
*
Petitioner, * No. 13-026V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Joint Stipulation on Damages;
AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”)
Respondent. *
* * * * * * * * * * * * *
Clifford J. Shoemaker, Shoemaker and Associates, Vienna, VA, for petitioner.
Glenn A. MacLeod, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On January 14, 2013, Denise Rosenbloom (“petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to 34
(2012)2, on behalf of her husband, Thomas Bookey. The petition alleges that Mr. Bookey
suffered Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine
administered on or about October 11, 2011. Petition at 1.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the
undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in
accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services). As provided by Vaccine Rule 18(b), each party has 14
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).
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-1 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 1:13-vv-00026-UNJ Document 114 Filed 06/07/17 Page 2 of 11
On May 8, 2017, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the flu vaccine caused Mr. Bookey
to suffer from GBS or any other injury, and denies that his current disabilities are sequelae of a
vaccine-related injury. Stipulation 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 in compensation:
1) A lump sum of $1,977,283.93 in the form of a check payable to petitioner as
guardian/ conservator of the estate of Thomas Bookey, for the benefit of Thomas
Bookey. No payments shall be made until petitioner provides respondent with
documentation establishing that she has been appointed the guardian/
conservator of the estate of Thomas Bookey;
2) An amount sufficient to purchase the annuity contract described in paragraph
10 of the joint stipulation, paid to the life insurance company from which the
annuity will be purchased.
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, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the
terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
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

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