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.
2

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.