VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00029
Package ID: USCOURTS-cofc-1_18-vv-00029
Petitioner: Donald Kent Gurney
Filed: 2018-01-05
Decided: 2023-09-13
Vaccine: influenza
Vaccination date: 2015-10-29
Condition: Stiff Person Syndrome
Outcome: compensated
Award amount USD: 300000

AI-assisted case summary:
On January 5, 2018, Carolyn Gurney, as personal representative of the Estate of Donald Kent Gurney, filed a petition in the National Vaccine Injury Compensation Program. The petition alleged that Donald Kent Gurney received an influenza vaccine on October 29, 2015, and subsequently suffered from Stiff Person Syndrome, which led to his death. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Gurney's injuries or contributed to his death. The parties, while maintaining their respective positions, reached a stipulation to settle the case. Special Master Thomas L. Gowen adopted the stipulation, awarding the petitioner $300,000.00 as compensation for all damages. The decision was filed on September 13, 2023. Joseph A. Vuckovich represented the petitioner, and Ryan D. Pyles represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details of Mr. Gurney's condition, any diagnostic tests performed, or treatments received. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner alleged that the influenza vaccine administered on October 29, 2015, caused Donald Kent Gurney to develop Stiff Person Syndrome, leading to his death. Respondent denied causation. The parties reached a stipulation for settlement, and Special Master Thomas L. Gowen awarded $300,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. The case was settled via stipulation, with petitioner represented by Joseph A. Vuckovich and respondent by Ryan D. Pyles.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00029-0
Date issued/filed: 2023-10-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/13/2023) regarding 70 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (ms) Service on parties made.
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Case 1:18-vv-00029-UNJ Document 74 Filed 10/05/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 13, 2023
* * * * * * * * * * * * *
CAROLYN GURNEY, * Unpublished
as personal Representative of *
ESTATE OF DONALD KENT GURNEY *
*
Petitioners, * No. 18-29V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Joseph A. Vuckovich, Maglio Christopher & Toale, P.A., Washington, D.C., for petitioner.
Ryan D. Pyles, U.S. Dept. of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On January 5, 2018, Carolyn Gurney, as personal representative of the Estate of Donald
Kent Gurney (“petitioner”), filed a petition for compensation in the National Vaccine Injury
Compensation Program. 2 Petition (ECF No. 1). Petitioner alleges that as a result of Mr. Gurney
receiving the influenza (“flu”) vaccine on October 29, 2015, he suffered from Stiff Person
Syndrome, which in turn resulted in his death. Id.
On September 11, 2023, respondent file a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (ECF No. 69). Respondent denies that
the flu vaccine was the cause of Mr. Gurney’s injuries or contributed to or resulted in, his death.
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a
reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision
will appear at https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims
website. This means the decision will be available to anyone with access to the Internet. Before the decision is
posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed
redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision
will be posted on the court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to 34 (2012)
(hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of
the Act.

Case 1:18-vv-00029-UNJ Document 74 Filed 10/05/23 Page 2 of 7
Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.
The stipulation provides:
1) A lump sum payment of $300,000.00 in the form of a check payable to the
petitioner as legal representative of the Estate of Donald Kent Gurney. This
amount represents compensation for all damages that would be available under
42 U.S.C. §300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

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