Thornton v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: June 29, 2017
• Docket: 16-822
• Status: Unpublished

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: May 22, 2017

* * * * * * * * * * * * * CHRISTOPHER THORNTON, * * UNPUBLISHED Petitioner, * No. 16-822V * v. * Special Master Gowen * SECRETARY OF HEALTH * Joint Stipulation on Damages; AND HUMAN SERVICES, * Tdap; * Guillain-Barré Syndrome (“GBS”) Respondent. * * * * * * * * * * * * * *

Jonathan Pleban, Pleban & Petruska Law, LLC, St. Louis, MO, for petitioner. Douglas Ross, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On July 11, 2016, Christopher Thornton (“petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to 34 (2012).2 The petition alleges that petitioner suffered injuries, including Guillain-Barré Syndrome (“GBS”), as a result of a tetanus-diphtheria-acellular-pertussis (“Tdap”) vaccine administered on May 18, 2015. Petition at 1-2.

On May 15, 2017, the parties filed a stipulation in which they stated that a decision should be entered awarding compensation. Stipulation at ¶ 7. Respondent denies that the Tdap vaccine caused petitioner to suffer from GBS or any other injury. Stipulation at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 undersigned finds the stipulation reasonable and adopts 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 in compensation:

1) A lump sum of $200,000.00 in 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). Stipulation at ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen 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