VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01628
Package ID: USCOURTS-cofc-1_16-vv-01628
Petitioner: Armand Thomas
Filed: 2016-12-09
Decided: 2017-11-14
Vaccine: influenza
Vaccination date: 2013-12-12
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 175000

AI-assisted case summary:
Armand Thomas filed a petition on December 9, 2016, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine he received on December 12, 2013, and that he experienced residual effects of this condition for more than six months. The respondent denied that the flu vaccine caused Petitioner's GBS or any other injury. However, both parties agreed to settle the case through a stipulation filed on October 19, 2017. The stipulation stated that the parties, while maintaining their respective positions on causation, agreed that the issues could be settled and that a decision should be entered awarding compensation. Special Master Brian H. Corcoran reviewed the file and concluded that the stipulation was reasonable, adopting it as his decision. The stipulation awarded Armand Thomas a lump sum of $175,000.00, payable by check to the Petitioner. This amount represents compensation for all damages available under Section 15(a) of the National Childhood Vaccine Injury Act of 1986. The decision noted that it was designated "not to be published" but would be posted on the Court of Federal Claims' website, with parties having the option to request redaction of confidential information. Petitioner was represented by Michael G. McLaren of Black McLaren, et al., P.C., and Respondent was represented by Anne D. Martin of the U.S. Department of Justice. The decision was issued on November 14, 2017.

Theory of causation field:
Petitioner Armand Thomas alleged that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on December 12, 2013, and experienced residual effects for more than six months. The respondent denied causation. The parties stipulated to settle the case, agreeing that a decision should be entered awarding compensation. The stipulation, adopted by Special Master Brian H. Corcoran on November 14, 2017, awarded Petitioner a lump sum of $175,000.00. This award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). The theory of causation was based on the "Table" as the influenza vaccine is listed in the Vaccine Injury Table for GBS. Petitioner was represented by Michael G. McLaren, and Respondent by Anne D. Martin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01628-0
Date issued/filed: 2017-11-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/20/2017) Regarding 19 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (cr) Copy to parties.
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Case 1:16-vv-01628-UNJ Document 23 Filed 11/14/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1628V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
ARMAND THOMAS, *
* Special Master Corcoran
*
Petitioner, * Filed: October 20, 2017
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Influenza (“flu”) Vaccine; Guillain-Barré
AND HUMAN SERVICES, * Syndrome (“GBS”).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Black McLaren, et al., P.C., Memphis, TN, for Petitioner.
Anne D. Martin, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 9, 2016, Armand Thomas filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he
suffered from Guillain-Barré Syndrome (“GBS”) as a result of his December 12, 2013, influenza
(“flu”) vaccine. Petitioner further alleges that he has experienced the residual effects of this
condition for more than six months.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the
Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This
means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), 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 in its present form will be
available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).

Case 1:16-vv-01628-UNJ Document 23 Filed 11/14/17 Page 2 of 7
Respondent denies that the flu vaccine caused Petitioner’s GBS, or any other injury.
Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation
(filed on October 19, 2017) that the issues before them could 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
(as attached hereto) 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 $175,000.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
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 each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

Case 1:16-vv-01628-UNJ Document 23 Filed 11/14/17 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ARMAND THOMAS, )
)
Petitioner, )
) No. 16-1628V
v. ) Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Armand Thomas, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt
of the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§ 100.3(a).
2. Petitioner received an influenza immunization on December 12, 2013.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered Guillain-Barre Syndrome (“GBS”), as a result of the
influenza vaccine. Petitioner further alleges that he experienced residual effects of this condition
for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his injuries.
6. Respondent denies that petitioner’s influenza vaccine caused GBS or any other injury.

Case 1:16-vv-01628-UNJ Document 23 Filed 11/14/17 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $175,000.00in 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).
9. As soon as practicable after the entry of judgment on entitlement in this case, andafter
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
10. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. §300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulationwill be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
2

Case 1:16-vv-01628-UNJ Document 23 Filed 11/14/17 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be usedsolely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the influenza vaccination administered on December 12,
2013,as alleged by petitioner in a petition for vaccine compensation filed on or about December
9, 2016, in the United States Court of Federal Claims as petition No. 16-1628V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
3

Case 1:16-vv-01628-UNJ Document 23 Filed 11/14/17 Page 6 of 7
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the influenza vaccine caused petitioner to develop
GBS or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:16-vv-01628-UNJ Document 23 Filed 11/14/17 Page 7 of 7