In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
******************** *
JAMES PARKER, *
* No. 15-368V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: June 22, 2016
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”);
* Chronic Inflammatory Demyelinating
Respondent. * Polyneuropathy (“CIDP”).
******************** *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for
Petitioner;
Alexis B Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On June 22, 2016, the parties filed a joint stipulation concerning the petition
for compensation filed by James Parker on April 13, 2015. 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
December 7, 2012, caused him to suffer Guillain-Barré Syndrome (“GBS”) and/or
Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”). Petitioner
further alleges that he suffered the residual effects of this injury for more than six
months. 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.
1
The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), 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.
Respondent denies that petitioner’s alleged injuries were caused-in-fact by
his flu vaccination, and denies that the vaccine caused any other injury or his
current condition.
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.
Damages awarded in that stipulation include:
A lump sum payment of $187,000.00 in the form of a check payable to
petitioner, James Parker. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 15-368V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Shannon Proctor, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2
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.
2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JAMES PARKER, )
)
Petitioner, )
) No.15-368V
v. ) Special Master Moran
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. On April 13, 2015, James Parker ("petitioner") 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 ("flu") vaccine, which vaccine is contained in the Vaccine
Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu immunization on December 7, 2012.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered from Guillain-Barre Syndrome ("GBS") and/or
Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP") 'that was caused-in-fact by his
flu vaccination. Petitioner further alleges that he experienced residual effects of this injury for
more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
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for damages as a result of his alleged GBS.
6. Respondent denies that petitioner's alleged injuries were caused-in-fact by his flu
vaccination, and denies that the vaccine caused any other injury or his current condition.
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)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of$187,000.00 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).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a){l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorney's fees and costs incurred in proceeding upon this
petition.
10. Petitioner and his attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-l 5(g), including 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 entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8, and any amounts awarded pursuant to
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paragraph 9, of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely 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 8 and 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 beei:i 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 flu vaccination administered on December 7, 2012, as
alleged in a petition for vaccine compensation filed on or about April 13, 2015, in the United
States Court of Federal Claims as petition No. 15-368V.
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 confonnity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
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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.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Inj\iry 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.
I 7. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged OBS,
CIDP, or any other injury or his current disabilities.
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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Respectfully submitted,
ATTORNEY OF RECORD FOR AUTHORJZED REPRESENTATIVE
PETITIONER: ~Wlct c~F THE AITORNEY GENERAL:
~Mt.\-kruA 12.t ~ld;3. I Ct)(.z) p~ ~ c_ _
RONALD C. HOMER~ CA\iiAJJNE E. REEVES
Attorney for Petitioner Acting Deputy Director
Conway, Homer and Chin-Caplan, P.C. Torts Branch
16 Shawmut Street Civil Division
Boston. MA 02116 U.S. Department of Justice
(617) 695~1990 P.O. Box 146
Benjamin Franklin Station
Washington. DC 20044-0146
ATrORNEYOFRECORDFOR
RESPONDENT:
/
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ARA YAN AIR. MD ALEXIS B. BABCOCK
Acting Director, Division of Injury Senior Trial Attorney
Compensation Programs (DICP) · Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Hwnan Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 08Nl46B Washington, DC 20044..0146
Rockville. MD 20857 (202) 616-7678
Dated: --bf J_,\ f I (d
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Parker v. Secretary of Health and Human Services
Combined Opinion