Vanjura v. Secretary of Health and Human Services
16-1588
| Fed. Cl. | Jul 1, 2021Background
- Petitioner William Vanjura filed a petition under the National Vaccine Injury Compensation Program on November 30, 2016, alleging that a December 23, 2013 influenza vaccination caused or significantly aggravated Guillain-Barré Syndrome (GBS).
- Petitioner alleged he experienced residual effects of the injury for more than six months.
- On June 15, 2021, the parties filed a joint stipulation proposing an award to Petitioner.
- Respondent expressly denied that Petitioner sustained a Table GBS injury within the Table timeframe and denied that the flu vaccine caused or significantly aggravated Petitioner’s GBS, but nonetheless joined the stipulation resolving the claim.
- Special Master Herbrina D. Sanders found the stipulation reasonable, adopted it as the Court’s decision, and approved the agreed compensation.
- The parties stipulated Petitioner shall receive a lump sum of $105,000.00 in full satisfaction of available damages under 42 U.S.C. § 300aa-15(a); the Clerk shall enter judgment absent a timely motion for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the flu vaccine cause or significantly aggravate Petitioner’s GBS? | Vanjura alleged the Dec. 23, 2013 flu vaccine caused or aggravated his GBS. | Respondent denied causation and denied a Table injury within the Table timeframe. | Parties stipulated to compensation; Special Master adopted stipulation. The decision does not make an explicit adjudicative finding of causation. |
| Is Petitioner entitled to compensation for residual effects lasting >6 months? | Vanjura asserted residual effects exceeded six months, supporting entitlement. | Respondent disputed causation but agreed to settle, not litigate residuals. | Stipulation awards $105,000 for all damages under §300aa-15(a), resolving the residual-effects claim. |
| Can the parties resolve the dispute by joint stipulation despite respondent’s denials? | Petitioner sought resolution via stipulation and award. | Respondent maintained denial of causation but agreed to settlement. | Court accepted the stipulation as reasonable and awarded damages per its terms. |
| Will judgment be entered immediately? | Petitioner renounced review to expedite entry. | Respondent joined in renouncing review. | Clerk will enter judgment consistent with the stipulation absent a timely motion for review. |
Key Cases Cited
- No judicial opinions with official reporter citations are cited in this decision.
