VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01193
Package ID: USCOURTS-cofc-1_15-vv-01193
Petitioner: Huest Swilley
Filed: 2015-10-14
Decided: 2016-08-03
Vaccine: influenza
Vaccination date: 2013-10-21
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Huest Swilley filed a petition for vaccine compensation on October 14, 2015, alleging that the influenza vaccine he received on or about October 21, 2013, caused him to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The flu vaccine is contained in the Vaccine Injury Table, meaning that causation is presumed if the injury occurred within the Table's specified timeframe. Respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Swilley's GBS or any other injury. Despite this denial, the parties reached a joint stipulation to settle the case. The stipulation stated that Mr. Swilley received the flu vaccine on October 21, 2013, and alleged he suffered GBS as a result, with residual effects lasting over six months. Respondent maintained its denial of causation but agreed to the settlement. As part of the stipulation, the court adopted the terms and awarded Mr. Swilley a lump sum payment of $85,000.00. This amount is intended to compensate for all damages available under the National Childhood Vaccine Injury Act. The decision was entered on August 3, 2016.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01193-0
Date issued/filed: 2016-08-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/13/2016) regarding 29 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties.
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Case 1:15-vv-01193-UNJ Document 31 Filed 08/03/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
HUEST SWILLEY, * No. 15-1193V
* Special Master Christian J. Moran
Petitioner, *
*
v. *
* Filed: July 13, 2016
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Stipulation; influenza (“flu”) vaccine;
* Guillain-Barré Syndrome (“GBS”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Diana S. Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner;
Douglas Ross, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On July 13, 2016, the parties filed a joint stipulation concerning the petition
for compensation filed by Huest Swilley on October 14, 2015. In his petition,
petitioner alleged that the influenza (‘flu”) vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which Huest Swilley
received on or about October 21, 2013, caused him to develop Guillain-Barré
Syndrome (“GBS”), with residual effects lasting more than six months. Petitioner
represents that there has been no prior award or settlement of a civil action for
damages on his behalf as a result of his condition.
Respondent denies that the flu vaccine caused petitioner to suffer GBS, or
any other injury, or his current condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:15-vv-01193-UNJ Document 31 Filed 08/03/16 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds said stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $85,000.00 in the form of a check payable to
petitioner, Huest Swilley. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 15-1193V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Shannon Proctor, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:15-vv-01193-UNJ Document 31 Filed 08/03/16 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
HUE T WILLEY. )
)
Petitioner. )
) o. I 5-l I 93V
V. ) Special Ma ter Moran
) ECF
ECRETARY OF HEALTH A D )
I IUMAN SERVICES. )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Huest Swilley. petitioner. filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program. 42 U.S.C. §§ 300aa-I 0 to -34 (the ··vaccine Program··).
The petition seeks compensation for injuries allegedly related to petitioner's receipt of an
influenza (""flu··) vaccine. which vaccine is contained in the Vaccine Injury Table (the ·Table··).
42 C.F.R. § I 00.3 (a).
2. Petitioner received the flu immunization on October 21. 2013.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he suffered injuries. including Guillain-Barre syndrome
(""GBS""). as a result of receiving the flu vaccine. and that he experienced the residual effects or
these injuries for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his condition.
6. Respondent denies that the flu vaccine caused petitioner to suffer GBS. or any other

Case 1:15-vv-01193-UNJ Document 31 Filed 08/03/16 Page 4 of 7
injury. or his current condition.
7. Maintaining their above-stated positions. the parties nevertheless no\\ agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation. and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 I (a)( I). the Secretary of I lea Ith and I luman Services will issue
the following vaccine compensation payment:
A lump sum of $85.000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-l 5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case. and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2 l(a)( I). and an application. the parties will submit to further proceedings
before the special master to award reasonable attorneys· fees and costs incurred in proceeding
upon this petition.
I 0. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs. insurance policies. Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)). or by entities that provide health services on a pre-paid basis.
2

Case 1:15-vv-01193-UNJ Document 31 Filed 08/03/16 Page 5 of 7
I I. Payment made pursuant to paragraph 8 of this tipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance " ith 42 U ..C . § 300aa-
l 5(i). subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that. except for any award
for attorneys· fees and litigation costs. and past unreimbursed expenses. the money provided
pursuant to this Stipulation will be u ed solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d). and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9. petitioner. in his
individual capacity. and on behalf of his heirs. executors. administrators. successors or assigns.
does forever irrevocably and unconditionally release. acquit and discharge the United tales and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements. judgments. claims. damages. loss of services. expenses and all demands
of whatever kind or nature) that have been brought, could have been brought. or could be timely
brought in the Court of Federal Claims. under the National Vaccine Injury Compensation
Program. 42 U.S.C. § 300aa-I 0 et seq .. on account of. or in any way gro'' ing out of. any and all
known or unknown. suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from. the nu vaccination administered on October 21. 2013. as
alleged by petitioner in a petition for vaccine com pen sat ion filed on or about October 14. 2015.
in the United States Court of Federal Claims as petition o. 15-l 193V.
14. If petitioner should die prior to entry ofjudgment. this agreement shall be voidable
upon proper notice to the Court on beh a If of either or both of the parties.
3

Case 1:15-vv-01193-UNJ Document 31 Filed 08/03/16 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conlonnity '' ith a
decision that is in complete conformity with the terms of this Stipulation. then the parties·
senlement and this Stipulation shall be voidable at the sole discretion of either party.
16. Thi Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the ational Childhood Vaccine Injury Act of 1986. as amended. except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the av.ard described in this
Stipulation may reflect a compromise of the parties· respective positions as to liability and/or
amount of damages, and further. that a change in the nature of the injury or condition or in the
items of compensation sought. is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admi sion by the United States or the
Secretary of Health and Human Service that the Ou vaccine caused petitioner to suffer GBS. or
any other injury. or his current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner"s
heirs. executors. admini trators. successors, and/or assigns.
E D OF STIPULATIO
I
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Case 1:15-vv-01193-UNJ Document 31 Filed 08/03/16 Page 7 of 7
Rcspl!ctfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
'101'\ER: 0 ;THE ATTORNEY GENERAL:
ARINE E. REEVES
agho Christopher & Toa le, PJ \ Acting Deputy Dirnt.:tor
1605 .\1ain Street, Suitt: 710 Torts Branch, Civil Division
Sarasota. FL 34236 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AlJTIIOlUZED REPRESENTATIVE ATTORNEY OF RECORO FOR
OFTfI IE SEn~,· ~y OF llEALTll RESJ>O DENT:
AND UMAN SER ICES:
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£~/2-
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N,\R~YA~./N~-1R,
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/\cling Director, Division of Injury Compensation Trial Attorney
Program::. Torts Omnch, Civil Division
Hellltl11.:are Systems Bureau LJ.S. Department of Justice
Health Resources and Services Administrntiun P.O. Box 146
U.S. Depllrtrnent of Health and Human Services Bt:njarnin Fmnklin Station
5600 Fishers Lane Washington, DC 20044-0146
Parklawn Building, Mail Stop 08N 146B Tel: (202) 6 I 6-3667
Rock\ ilk, MD 20857
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Dated:
5