Bales v. Secretary of Health and Human Services

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JEFFREY A. BALES * UNPUBLISHED *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.

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 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