VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00815 Package ID: USCOURTS-cofc-1_13-vv-00815 Petitioner: Leona Faye Thompson Filed: 2014-05-22 Decided: 2014-06-19 Vaccine: influenza Vaccination date: Condition: Guillain-Barré syndrome (GBS) and a chronic inflammatory demyelinating process (CIDP) Outcome: compensated Award amount USD: 245000 AI-assisted case summary: Leona Faye Thompson filed a petition on May 22, 2014, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccine. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Thompson's conditions. However, both parties agreed to settle the case through a stipulation filed on May 22, 2014. The stipulation stated that a decision should be entered awarding Ms. Thompson compensation. The court reviewed the file and found the stipulation to be reasonable, adopting it as the decision. The stipulation awarded Ms. Thompson a lump sum of $245,000.00, representing compensation for all damages available under the program. The court approved this award and directed the clerk to enter judgment. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00815-0 Date issued/filed: 2014-06-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 5/22/2014) regarding 13 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00815-UNJ Document 14 Filed 06/19/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-815V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * LEONA FAYE THOMPSON, * * Filed: May 22, 2014 Petitioner, * * Decision by Stipulation; Damages; v. * Influenza (“Flu”) Vaccine; Guillain-Barré * Syndrome (“GBS”); Chronic Inflammatory * Demyelinating Polyneuropathy (“CIDP”) SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Stewart E. Burns, Burns, Garner Law Firm, Gadsden, AL, for Petitioner. Lara Englund, U.S. Dep’t of Justice, Washington, DC, for Respondent DECISION AWARDING DAMAGES1 On October 18, 2013, Petitioner, Leona Fay Thompson filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Petitioner alleges that she suffered Guillain-Barré syndrome (“GBS”) and a chronic 1 Because this decision contains a reasoned explanation for my action in this case, I will 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 (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential information. Specifically, under 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). Otherwise, the whole decision will be available to the public. (Id.) 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.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. Case 1:13-vv-00815-UNJ Document 14 Filed 06/19/14 Page 2 of 7 inflammatory demyelinating process (“CIDP”) as a result of receiving an influenza (“flu”) vaccine. Respondent denies that Petitioner’s GBS, CIDP, or any related medical problems were caused by the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above- stated positions, agreed in a stipulation filed May 22, 2014 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: A lump sum of $245,000.00, in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation ¶ 8. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. 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.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly (or separately) filing notice(s) renouncing their right to seek review. 2 Case 1:13-vv-00815-UNJ Document 14 Filed 06/19/14 Page 3 of 7 Case 1:13-vv-00815-UNJ Document 14 Filed 06/19/14 Page 4 of 7 Case 1:13-vv-00815-UNJ Document 14 Filed 06/19/14 Page 5 of 7 Case 1:13-vv-00815-UNJ Document 14 Filed 06/19/14 Page 6 of 7 Case 1:13-vv-00815-UNJ Document 14 Filed 06/19/14 Page 7 of 7