VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00003
Package ID: USCOURTS-cofc-1_20-vv-00003
Petitioner: Richard D. Thompson
Filed: 2020-01-02
Decided: 2021-10-07
Vaccine: influenza
Vaccination date: 2017-01-05
Condition: chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
On January 2, 2020, Ruth B. Thompson, as Personal Representative of the Estate of Richard D. Thompson, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that an influenza vaccine administered to Mr. Thompson on January 5, 2017, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP) and that he experienced residual effects for more than six months. The petition did not allege that Mr. Thompson's death on February 2, 2019, was a sequela of the alleged vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Thompson's CIDP, any other injury, or his death. Nevertheless, the parties filed a joint stipulation for award on October 5, 2021. Special Master Herbrina Sanders reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The stipulation awarded Petitioner a lump sum of $90,000.00, payable to Petitioner as personal representative of the estate, as compensation for all damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. The attorneys involved were Leah V. Durant for the Petitioner and James V. Lopez for the Respondent.

Theory of causation field:
Petitioner alleged that the January 5, 2017 influenza vaccine caused Richard D. Thompson to develop chronic inflammatory demyelinating polyneuropathy (CIDP) and residual effects lasting more than six months. Respondent denied causation. The parties stipulated to an award of $90,000.00 for all damages, without admission of causation. Mr. Thompson passed away on February 2, 2019, but his death was not alleged to be a sequela of the vaccine injury. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused CIDP. The Special Master adopted the stipulation, awarding $90,000.00. The decision was issued by Special Master Herbrina Sanders on October 7, 2021. Petitioner was represented by Leah V. Durant, and Respondent by James V. Lopez.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00003-0
Date issued/filed: 2021-10-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/07/2021) regarding 29 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made.
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Case 1:20-vv-00003-UNJ Document 33 Filed 10/19/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: October 7, 2021
* * * * * * * * * * * * * * * * * * * * * * * * *
RUTH B. THOMPSON, as Personal * No. 20-003V
Representative of the ESTATE OF *
RICHARD D. THOMPSON, *
*
Petitioner, * Special Master Sanders
v. *
* Stipulation for Award; Influenza
SECRETARY OF HEALTH * (“Flu”) Vaccine; Chronic Inflammatory
AND HUMAN SERVICES, * Demyelinating Polyneuropathy
* (“CIDP”)
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
James V. Lopez, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On January 2, 2020, Ruth B. Thompson (“Petitioner”) filed a petition for compensation on
behalf of her deceased husband, Richard D. Thompson, pursuant to the National Vaccine Injury
Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012); Pet. at 1, ECF No. 1. Petitioner
alleged that the influenza (“flu”) vaccine Mr. Thompson received on January 5, 2017, caused him
to suffer from chronic inflammatory demyelinating polyneuropathy (“CIDP”). Id.; see also Stip.
at 1, ECF No. 28. Petitioner further alleged that Mr. Thompson experienced the residual effects of
his injury for more than six months. Pet. at 2.
On October 5, 2021, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation to Petitioner. Stip. at 2. Respondent notes that “Mr. Thompson
passed away on February 2, 2019. Petitioner does not allege that Mr. Thompson’s death was the
sequela of his alleged vaccine-related injury.” Id. at 1. Respondent “denies that the flu vaccine
caused Mr. Thompson’s alleged CIDP, any other injury, or his death.” Id. at 2. Nevertheless, the
parties agree to the joint stipulation, attached hereto as Appendix A. I find the stipulation
1 This Decision shall be posted on the website of the United States Court of Federal Claims, 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 (2012)). This means the Decision will be available to anyone with access to
the Internet. 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 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:20-vv-00003-UNJ Document 33 Filed 10/19/21 Page 2 of 7
reasonable and adopt 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 compensation:
A lump sum of $90,000.00 in the form of a check payable to [P]etitioner
as personal representative of the estate of Richard D. Thompson. This
amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a)[.]
Id.
I approve the requested amount for Petitioner’s compensation. Accordingly, an award
should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
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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