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.242 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.
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 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.