VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01672 Package ID: USCOURTS-cofc-1_16-vv-01672 Petitioner: Johnny Sturdivant Filed: 2016-12-21 Decided: 2018-10-25 Vaccine: influenza Vaccination date: 2014-01-13 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 50000 AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01672-0 Date issued/filed: 2018-10-25 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 9/27/18) regarding 57 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (MRG) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01672-UNJ Document 61 Filed 10/25/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * JOHNNY STURDIVANT, * * No. 16-1672V Petitioner, * Special Master Christian J. Moran * v. * Filed: September 27, 2018 * SECRETARY OF HEALTH * Stipulation; flu vaccine; AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”). * * Respondent. * * * * * * * * * * * * * * * * * * * * * * Diana L. Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner; Ashley M. Simpson, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On September 26, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Johnny Sturdivant on December 21, 2016. Petitioner alleged that the influenza (“flu”) vaccine he received on January 13, 2014, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer Guillain-Barré syndrome. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. 1 Because this decision contains a reasoned explanation for the action in this case, the undersigned is required to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material before posting the decision. Case 1:16-vv-01672-UNJ Document 61 Filed 10/25/18 Page 2 of 7 Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Respondent denies that the vaccines either caused or significantly aggravated petitioner’s alleged injury or any other injury, and denies that petitioner's current disabilities are the result of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $50,000.00 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). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 16-1672V according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:16-vv-01672-UNJ Document 61 Filed 10/25/18 Page 3 of 7 Case 1:16-vv-01672-UNJ Document 61 Filed 10/25/18 Page 4 of 7 Case 1:16-vv-01672-UNJ Document 61 Filed 10/25/18 Page 5 of 7 Case 1:16-vv-01672-UNJ Document 61 Filed 10/25/18 Page 6 of 7 Case 1:16-vv-01672-UNJ Document 61 Filed 10/25/18 Page 7 of 7