Johnny Sturdivant v. HHS - Influenza, Guillain-Barré syndrome (2018)
Case summary [AI summaries can sometimes make mistakes]
Johnny Sturdivant filed a petition for compensation on December 21, 2016, alleging that the influenza vaccine he received on January 13, 2014, caused him to develop Guillain-Barré syndrome (GBS) and that he suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated the petitioner's condition.
Despite the respondent's denial, the parties filed a joint stipulation agreeing to compensation. The stipulation noted that the influenza vaccine is listed on the Vaccine Injury Table.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
The decision awarded Johnny Sturdivant a lump sum payment of $50,000.00, payable by check to the petitioner, as compensation for all damages. The decision was issued on October 25, 2018.
The public decision does not describe the specific onset of symptoms, clinical details of the GBS, diagnostic tests performed, treatments received, or the mechanism by which the vaccine allegedly caused the GBS. Petitioner's counsel was Diana L.
Stadelnikas of Maglio Christopher & Toale, PA, and respondent's counsel was Ashley M. Simpson of the United States Department of Justice.
Theory of causation
Petitioner Johnny Sturdivant alleged that the influenza vaccine administered on January 13, 2014, caused Guillain-Barré syndrome (GBS) and residual effects lasting over six months. The respondent denied causation. The parties entered into a joint stipulation for compensation, acknowledging that the influenza vaccine is on the Vaccine Injury Table. The Special Master adopted the stipulation, awarding $50,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical evidence presented, relying instead on the stipulation that the flu vaccine is a "Table" condition. Petitioner's counsel was Diana L. Stadelnikas, and respondent's counsel was Ashley M. Simpson. Special Master Christian J. Moran issued the decision on October 25, 2018.
Source PDFs
USCOURTS-cofc-1_16-vv-01672