United States Court of Federal Claims, 2015

Thompson v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided September 17, 2015 · Christian J. Moran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

******************* * * ALEXANDER THOMPSON, *

* No. 13-005V Petitioner, * Special Master Christian J. Moran

* v. * Filed: August 11, 2015

* SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”).

* Respondent. *

****************** ** * Michael Baseluos, Baseluos Law Firm, San Antonio, TX, for petitioner; Julia McInerny, United States Dep’t of Justice, Washington, DC, for respondent.

UNPUBLISHED DECISION1

On August 7, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Alexander Thompson on January 3, 2013. In his petition, petitioner alleged that the influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on October 22, 2010, caused him to suffer Guillain-Barré Syndrome (“GBS”). 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 condition.

Respondent denies that the vaccine caused petitioner to suffer from GBS or any other injury.

Nevertheless, the parties agree to the joint stipulation, attached hereto as “Appendix A.” The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein:

A. A lump sum of $380,000.00, in the form of a check payable to petitioner, Alexander Thompson. This amount represents compensation for all damages that would be available under U.S.C. § 300aa-15(a); and

B. An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation attached hereto as “Appendix A,” paid to the life insurance company from which the annuity will be purchased (the "Life Insurance Company").2

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 13-005V according to this decision and the attached stipulation.3

Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6360.

IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master

1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. 2 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from two of the following rating organizations: a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa; c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or AAA; d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA, AA+, or AAA. 3 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.

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