VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00956 Package ID: USCOURTS-cofc-1_16-vv-00956 Petitioner: Leonard Sean Thompson Filed: 2016-08-05 Decided: 2018-03-09 Vaccine: influenza Vaccination date: 2014-12-12 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 155000 AI-assisted case summary: Leonard Sean Thompson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 5, 2016. He alleged that he suffered Guillain-Barre Syndrome (GBS) caused by his influenza vaccination on December 12, 2014. Mr. Thompson further alleged that he experienced residual effects from his injury for more than six months and that there had been no prior award or settlement of a civil action for damages as a result of his condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine administered on or about December 12, 2014, was the cause of petitioner's alleged GBS or any other injury or his current condition. Despite the respondent's denial, the parties filed a joint stipulation on November 1, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the Court's decision. Pursuant to the stipulation, Mr. Thompson was awarded a lump sum of $155,000.00, payable to him by check. This amount represents compensation for all items of damages available under 42 U.S.C. § 300aa-15(a). The decision was entered on March 9, 2018. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Juliana Gray MacPherson of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the GBS. The decision also does not name any medical experts. Theory of causation field: Petitioner Leonard Sean Thompson alleged that his December 12, 2014 influenza vaccination caused Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $155,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. The decision was entered on March 9, 2018, following the stipulation filed on November 1, 2017. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Juliana Gray MacPherson. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00956-0 Date issued/filed: 2018-03-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/1/2017) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00956-UNJ Document 43 Filed 03/09/18 Page 1 of 7 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 Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Guillain-Barre v. 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 STIPULATION1 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. 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-00956-UNJ Document 43 Filed 03/09/18 Page 2 of 7 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 Case 1:16-vv-00956-UNJ Document 43 Filed 03/09/18 Page 3 of 7 Case 1:16-vv-00956-UNJ Document 43 Filed 03/09/18 Page 4 of 7 Case 1:16-vv-00956-UNJ Document 43 Filed 03/09/18 Page 5 of 7 Case 1:16-vv-00956-UNJ Document 43 Filed 03/09/18 Page 6 of 7 Case 1:16-vv-00956-UNJ Document 43 Filed 03/09/18 Page 7 of 7