VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00627
Package ID: USCOURTS-cofc-1_20-vv-00627
Petitioner: Jeff Burton
Filed: 2020-05-20
Decided: 2022-07-27
Vaccine: influenza
Vaccination date: 2018-11-01
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 36500

AI-assisted case summary:
Jeff Burton filed a petition on May 20, 2020, alleging that the influenza vaccine he received on November 1, 2018, caused him to suffer from Guillain-Barré Syndrome (GBS) and that his injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Burton's GBS or any other injury. Despite this denial, the parties filed a joint stipulation for an award of compensation on July 25, 2022. Special Master Herbrina Sanders found the stipulation to be reasonable and adopted it as the decision of the court. Mr. Burton was awarded a lump sum of $36,500.00 as compensation for all damages available under the program. The decision was entered based on the parties' stipulation, with judgment to be entered accordingly. Petitioner's counsel was Jonathan J. Svitak of Shannon Law Group, and respondent's counsel was Nancy Tinch of the United States Department of Justice.

Theory of causation field:
Petitioner Jeff Burton alleged that the influenza vaccine received on November 1, 2018, caused Guillain-Barré Syndrome (GBS) lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for award on July 25, 2022. Petitioner was awarded $36,500.00 in a lump sum for all damages. Special Master Herbrina Sanders adopted the stipulation as the decision of the court. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00627-0
Date issued/filed: 2022-09-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/27/2022) regarding 34 DECISION of Special Master. Signed by Special Master Herbrina Sanders. (rig) Service on parties made.
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Case 1:20-vv-00627-UNJ Document 38 Filed 09/09/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: July 27, 2022
* * * * * * * * * * * * * * * * * * * * * * * * *
JEFF BURTON, * No. 20-627V
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Guillain-Barré
* Syndrome (“GBS”)
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Jonathan J. Svitak, Shannon Law Group, Woodbridge, IL, for Petitioner.
Nancy Tinch, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On May 20, 2020, Jeff Burton (“Petitioner”) filed a petition for compensation pursuant to
the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012).
Petitioner alleged that the influenza (“flu”) vaccine he received on November 1, 2018, caused him
to suffer from Guillain-Barré Syndrome (“GBS”). Pet. at 1, ECF No. 1. Petitioner further alleged
that his injury lasted for more than six months. Id. ¶ 32.
On July 25, 2022, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 32. Respondent “denies
that [P]etitioner’s alleged GBS or its residual effects were caused-in-fact by the flu vaccine; and
denies that the flu vaccine caused [P]etitioner any other injury or [P]etitioner’s current condition.”
Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. See
id. ¶ 7. I find the stipulation reasonable and adopt it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
1 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as
amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with
access to the Internet. As provided by 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).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:20-vv-00627-UNJ Document 38 Filed 09/09/22 Page 2 of 7
A lump sum of $36,500.00 in the form of a check payable to [P]etitioner. This
amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
Id. ¶ 8.
I approve the requested amount for Petitioner’s compensation. Accordingly, an award
should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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