Opinion

Bales v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Jan 14, 2020
Status
Unpublished
On the bench
Mindy Michaels Roth
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-505V

Filed: December 20, 2019

* * * * * * * * * * * * *

JEFFREY A. BALES * UNPUBLISHED

*

Petitioner, * Decision on Joint Stipulation;

* Guillain-Barre Syndrome

v. * (“GBS”); Influenza

* (“Flu”) Vaccine

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

* * * * * * * * * * * * *

Nancy Meyers, Esq., Ward Black Law, Greensboro, NC, for petitioner.

Althea Davis, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Roth, Special Master:

On April 25, 2016, Jeffrey Bales [“Mr. Bales or “petitioner”] filed a petition for

compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that

he developed Guillain-Barre Syndrome (“GBS”) after receiving an influenza vaccine on

September 23, 2014. Stipulation, filed Dec. 20, 2019, at ¶¶ 1-4. Respondent denies that the

aforementioned immunization caused petitioner’s injury. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On December 20, 2019, the parties

filed a joint stipulation agreeing to settle this case and describing the settlement terms.

1

Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the

Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-

347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision

will be available to anyone with access to the internet. However, the parties may object to the Decision’s

inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party

has fourteen 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

National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa

(2012).

Respondent agrees to issue the following payments:

(1) A lump sum of $672,197.80 (which amount includes $469,197.80 for Year One

life care plan expenses, $3,000.00 for past unreimbursed expenses and $200,000

for past and future pain and suffering) in the form of a check payable to petitioner,

Jeffrey Bales;

(2) A lump sum payment of $120,000.00, representing trust seed funds, which

consists of partial compensation for Mr. Bales’ skilled nursing and home health

aide care for the year 2029 in present day dollars. This amount shall be payable to

the Jeffrey A. Bales Reversionary trust, to establish a grantor reversionary trust for

the benefit of Jeffrey A. Bales, by and among the United States as Grantor; Counsel

Trust Company as Trustee; and petitioner.

(3) A lump sum of $296,464.60, which amount represents compensation for

satisfaction of the State of South Carolina Medicaid lien, in the form of a check

payable jointly to petitioner and

Department of Health & Human Services

Reporting and Receivables

P.O. Box 8355

Columbia, South Carolina 29202-9189

Case number: 368029

Petitioner agrees to endorse this payment to the Department of Health and Human

Services.

(4) An amount sufficient to purchase the annuity contract described in paragraph

10 of the Stipulation, paid to the life insurance company from which the annuity

will be purchased.

This amount represents compensation for all damages that would be available under §

300aa-15(a).

I adopt the parties’ stipulation attached hereto, and award compensation in the amount and

on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance

with this decision.3

IT IS SO ORDERED.

s/ Mindy Michaels Roth

Mindy Michaels Roth

Special Master

3

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice

renouncing the right to seek review.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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