VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00505
Package ID: USCOURTS-cofc-1_16-vv-00505
Petitioner: Jeffrey A. Bales
Filed: 2016-04-25
Decided: 2019-12-20
Vaccine: influenza
Vaccination date: 2014-09-23
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 1090662

AI-assisted case summary:
On April 25, 2016, Jeffrey Bales filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he developed Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on September 23, 2014. The respondent denied that the immunization caused the petitioner's injury. The parties, represented by Nancy Meyers, Esq., for the petitioner and Althea Davis, Esq., for the respondent, reached a settlement agreement. Special Master Mindy Michaels Roth adopted the joint stipulation on December 20, 2019. The settlement included a lump sum of $672,197.80, comprising $469,197.80 for Year One life care plan expenses, $3,000.00 for past unreimbursed expenses, and $200,000 for past and future pain and suffering, payable to Mr. Bales. An additional lump sum of $120,000.00 was designated as trust seed funds for skilled nursing and home health aide care for the year 2029, payable to the Jeffrey A. Bales Reversionary trust. A further lump sum of $296,464.60 was awarded to satisfy the South Carolina Medicaid lien, payable jointly to Mr. Bales and the Department of Health & Human Services. The settlement also included an amount sufficient to purchase an annuity contract for future damages, as described in paragraph 10 of the stipulation. The total award amount was $1,090,662.80.

Theory of causation field:
Petitioner Jeffrey Bales alleged he developed Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on September 23, 2014. Respondent denied causation. The parties reached a joint stipulation for settlement, adopted by Special Master Mindy Michaels Roth on December 20, 2019. The settlement included a lump sum of $672,197.80 (past unreimbursed expenses, life care expenses, pain and suffering), a $120,000.00 trust seed fund for future care, $296,464.60 to satisfy a South Carolina Medicaid lien, and an amount for an annuity contract for future damages, totaling $1,090,662.80. The specific medical mechanism or expert testimony regarding causation was not detailed in the public decision, as the case was resolved via stipulation. Petitioner was represented by Nancy Meyers, Esq., and respondent by Althea Davis, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00505-0
Date issued/filed: 2020-01-14
Pages: 12
Docket text: PUBLIC DECISION (Originally filed: 12/20/2019) regarding 58 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
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Case 1:16-vv-00505-UNJ Document 62 Filed 01/14/20 Page 1 of 12
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-505V
Filed: December 20, 2019
* * * * * * * * * * * * *
JEFFREY A. BALES * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Guillain-Barre Syndrome
v. * (“GBS”); Influenza
* (“Flu”) Vaccine
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Nancy Meyers, Esq., Ward Black Law, Greensboro, NC, for petitioner.
Althea Davis, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On April 25, 2016, Jeffrey Bales [“Mr. Bales or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
he developed Guillain-Barre Syndrome (“GBS”) after receiving an influenza vaccine on
September 23, 2014. Stipulation, filed Dec. 20, 2019, at ¶¶ 1-4. Respondent denies that the
aforementioned immunization caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On December 20, 2019, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. 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 whole Decision will be available to the public. Id.
2 National 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).

Case 1:16-vv-00505-UNJ Document 62 Filed 01/14/20 Page 2 of 12
Respondent agrees to issue the following payments:
(1) A lump sum of $672,197.80 (which amount includes $469,197.80 for Year One
life care plan expenses, $3,000.00 for past unreimbursed expenses and $200,000
for past and future pain and suffering) in the form of a check payable to petitioner,
Jeffrey Bales;
(2) A lump sum payment of $120,000.00, representing trust seed funds, which
consists of partial compensation for Mr. Bales’ skilled nursing and home health
aide care for the year 2029 in present day dollars. This amount shall be payable to
the Jeffrey A. Bales Reversionary trust, to establish a grantor reversionary trust for
the benefit of Jeffrey A. Bales, by and among the United States as Grantor; Counsel
Trust Company as Trustee; and petitioner.
(3) A lump sum of $296,464.60, which amount represents compensation for
satisfaction of the State of South Carolina Medicaid lien, in the form of a check
payable jointly to petitioner and
Department of Health & Human Services
Reporting and Receivables
P.O. Box 8355
Columbia, South Carolina 29202-9189
Case number: 368029
Petitioner agrees to endorse this payment to the Department of Health and Human
Services.
(4) An amount sufficient to purchase the annuity contract described in paragraph
10 of the 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 §
300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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