In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-941V

(Not to be published)

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LOUIS R. BROCKINGTON, *

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Petitioner, * Filed: May 28, 2014

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v. * Decision by Stipulation; Damages;

* Influenza (“Flu”) Vaccine;

* Guillain-Barré Syndrome (“GBS”)

SECRETARY OF HEALTH AND *

HUMAN SERVICES, *

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Respondent. *

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James M. Griffin, Lewis, Babcock & Griffin, L.L.P., Columbia, SC, for Petitioner.

Justine Daigneault, U.S. Dep’t of Justice, Washington, DC, for Respondent

DECISION AWARDING DAMAGES1

On November 27, 2013 Petitioner Louis R. Brockington filed a petition seeking 

compensation under the National Vaccine Injury Compensation Program (“the Vaccine 

Program”).2 Petitioner alleges that he suffered Guillain-Barré syndrome (“GBS”) and related 

1 Because this decision contains a reasoned explanation for my action in this case, I will post this 

decision on the United States Court of Federal Claims’ website, in accordance with the EGovernment Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as 

amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), 

however, the parties may object to the published decision’s inclusion of certain kinds of 

confidential information. Specifically, under 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). Otherwise, the whole decision will be available to the 

public. (Id.)

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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to 

individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa.

 
complications as a result of receiving an influenza (“flu”) vaccine. 

Respondent denies that Petitioner’s GBS and any related medical problems were caused 

by the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated 

positions, agreed in a stipulation filed May 27, 2014 that the issues before them can be settled 

and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’

stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms 

set forth therein.

The stipulation awards:

A lump sum of $160,000.00, 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 ¶ 8.

I approve a Vaccine Program award in the requested amount set forth above to be made 

to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the 

clerk of the court is directed to enter judgment herewith.3

IT IS SO ORDERED.

 /s/ Brian H. Corcoran

Brian H. Corcoran

Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly or 

separately filing notice renouncing their right to seek review.

2