# 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.

DECISION 1

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 J anuary 5, 2017

, caused h im

to suffer from chronic inflammatory demyelinating polyneuropathy (“ CIDP ”)

. I d. ; see also Stip.

at 1, ECF No. 28 . Petitioner further alleged that Mr. Thompson experienced the residual effects of

h is injury for more than six months. Pet. at 2

.

On October 5 , 202 1 , the parties filed a stipulation in which they state that a decision should

be entered awarding compensation to Petitioner. Stip. at 2. Respondent not es that “Mr. Thompson

passed away on February 2, 2019. Petitioner does not allege that Mr. Thompson’s death was the

sequ e la of his alleged vaccine

- related injury.” Id. at 1. Respondent “ denies that the flu vaccine

caused Mr. Thompson ’s alleged CIDP , any ot her 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 D ecision 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 Dec ision 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 i n 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, Pu b 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

, 0 00.00 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 C lerk of

C ourt 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.