VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01035
Package ID: USCOURTS-cofc-1_19-vv-01035
Petitioner: James Johnson, Sr.
Filed: 2019-07-17
Decided: 2022-04-27
Vaccine: influenza
Vaccination date: 2018-10-22
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
James Johnson, Sr. filed a petition for compensation under the National Vaccine Injury Compensation Program on July 17, 2019, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination he received on October 22, 2018. He further alleged that he experienced residual effects of the condition for more than six months, that there had been no prior award or settlement of a civil action for damages, and that his vaccine was administered in the United States. The respondent denied that Mr. Johnson developed GBS or any other injury as a result of the flu vaccine. Despite the respondent's denial, the parties filed a joint stipulation on March 29, 2022, agreeing that compensation should be awarded. Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Mr. Johnson was awarded a lump sum of $80,000.00, payable by check to the petitioner, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on April 27, 2022. Petitioner was represented by Wes Baker Allison of Kahn Law Firm, LLP, and respondent was represented by Mark K. Hellie of the U.S. Department of Justice.

Theory of causation field:
Petitioner James Johnson, Sr. alleged Guillain-Barre Syndrome (GBS) following an influenza vaccination on October 22, 2018. The respondent denied the alleged injury. The parties filed a joint stipulation for compensation, which Special Master Daniel T. Horner adopted. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. Compensation was awarded in the amount of $80,000.00. The decision was issued on April 27, 2022, based on a stipulation filed March 29, 2022. Petitioner's counsel was Wes Baker Allison, and respondent's counsel was Mark K. Hellie.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01035-0
Date issued/filed: 2022-04-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/29/2022) regarding 49 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made.
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Case 1:19-vv-01035-UNJ Document 53 Filed 04/27/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1035V
Filed: March 29, 2022
UNPUBLISHED
JAMES JOHNSON, SR.,
Petitioner,
Joint Stipulation on Damages;
v.
Influenza (“Flu”) vaccine; Guillain-
Barre Syndrome (“GBS”)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Wes Baker Allison, Kahn Law Firm, LLP, Charleston, SC, for petitioner.
Mark K. Hellie, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On July 17, 2019, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act”). Petitioner alleges that he suffered Guillain-Barre Syndrome (“GBS”) as result of
his influenza vaccination on October 22, 2018. Petition at 1; Stipulation, filed March 29,
2022, at ¶ 4. Petitioner further alleges that he has experienced the residual effects of
his condition for more than six months, that there has been no prior award or settlement
of a civil action for damages as a result of his condition, and that his vaccine was
administered in the United States. Petition at 5, 8-9; Stipulation at ¶¶ 3-5. “Respondent
denies that petitioner developed GBS or any other injury as a result of receiving the flu
vaccine.” Stipulation at ¶ 6.
Nevertheless, on March 29, 2022, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 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), petitioner has 14 days to identify and move to redact
medical or other information the disclosure of which would constitute an unwarranted invasion of privacy.
If the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted from public access.
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).

Case 1:19-vv-01035-UNJ Document 53 Filed 04/27/22 Page 2 of 7
reasonable and adopt it as the decision of the Court in awarding damages, on the terms
set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $80,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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