# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: July 27, 2022

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

JEFF BURTON

, * No. 20

- 627 V

*

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.

DECISION 1

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 h im

to suffer from Guillain

- Barré S yndrome (“GBS”)

. Pet. at 1 , ECF No. 1. Petitioner further alleged

that h is injury lasted for more than six months

. Id. ¶ 3 2

.

On July 25 , 202 2 , 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 t hat Petitioner shall receive the following compensation:

1 This D ecision 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 Dec ision 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. 3755.2

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 C lerk of

C ourt SHALL ENTER JUDGMENT in accordan ce 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.