VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01812 Package ID: USCOURTS-cofc-1_20-vv-01812 Petitioner: Kelley Gunter Filed: 2020-12-09 Decided: 2026-02-03 Vaccine: influenza Vaccination date: 2017-12-12 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 265000 AI-assisted case summary: On December 9, 2020, Curtiss Gunter filed a petition on behalf of his wife, Kelley Gunter, alleging that an influenza vaccine she received on December 12, 2017 caused Guillain-Barre Syndrome. After Ms. Gunter died, Mr. Gunter amended the petition as executor of her estate. Respondent denied that Ms. Gunter sustained a Table GBS injury, denied that the flu vaccine caused GBS or residual effects, and denied that the vaccine caused any other injury or her death. The public decision does not state the onset date, hospitalization, neurologic testing, treatment course, rehabilitation, residual impairments, or circumstances/date of death. On February 3, 2026, Special Master Herbrina D. S. Young adopted the parties' stipulation and awarded $265,000.00: $251,649.26 through counsel's IOLTA account and $13,350.74 for a Kentucky Medicaid Recovery Unit lien. Theory of causation field: Influenza vaccine December 12, 2017 allegedly causing GBS in Kelley Gunter; adult, exact age not stated; estate case after death. COMPENSATED by stipulation. Respondent denied Table GBS, causation, residual effects, and vaccine-caused death. Public source lacks clinical/death details. Award $265,000 ($251,649.26 petitioner + $13,350.74 KY Medicaid lien). SM Herbrina D. S. Young; petition December 9, 2020; decision February 3, 2026. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01812-0 Date issued/filed: 2026-03-02 Pages: 8 Docket text: **RE-DOCKETED 90 FOR PUBLIC AVAILABILITY** PUBLIC DECISION (Originally filed: 02/03/2026) regarding 86 DECISION Stipulation/Proffer, Signed by Special Master Herbrina D S Young. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01812-UNJ Document 91 Filed 03/02/26 Page 1 of 8 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: February 3, 2026 * * * * * * * * * * * * * * * * CURTISS GUNTER, as executor of the * ESTATE OF KELLEY GUNTER, * * Petitioner, * No. 20-1812V * v. * Special Master Young * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Gary A. Butler, Massa Butler Giglione, Pittsburgh, PA, for Petitioner. Dorian Hurley, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On December 9, 2020, Curtiss Gunter (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program2 on behalf of his wife, Kelley Gunter.3 42 U.S.C. §§ 300aa-10 to -34 (2018). Petitioner alleged that Ms. Gunter suffered from Guillain-Barré Syndrome (“GBS”) that was caused-in-fact by an influenza (“flu”) vaccine she received on December 12, 2017. Pet., ECF No. 1; Amend. Pet., ECF No. 37. On February 3, 2026, the parties filed a stipulation (attached as Appendix A) in which they state that a decision should be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 85. Respondent “denies that [Ms. Gunter] sustained a GBS Table injury; denies that [Ms. Gunter’s] alleged GBS or its residual effects were caused-in-fact by the flu vaccine; and denies 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims’ website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. 3 Petitioner originally filed this case on behalf of his wife as her power of attorney on December 9, 2020. He then filed an amended petition as the executor of his wife’s estate on March 21, 2022, following her death. 1 Case 1:20-vv-01812-UNJ Document 91 Filed 03/02/26 Page 2 of 8 that the flu vaccine caused [Ms. Gunter] any other injury or [Ms. Gunter’s] death.” Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation. 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: (a) An amount of $251,649.26 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and (b) An amount of $13,350.74, representing compensation for satisfaction of a Kentucky Medicaid Recovery Unit lien, to be paid through an ACH deposit to Petitioner’s IOLTA account for prompt disbursement to: Kentucky Medicaid Recovery Unit c/o Gainwell Technologies P.O. Box 2107 Frankfort, KY 40602 Id. ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 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.4 IT IS SO ORDERED. s/Herbrina D. S. Young Herbrina D. S. Young Special Master 4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:20-vv-01812-UNJ Document 91 Filed 03/02/26 Page 3 of 8 Case 1:20-vv-01812-UNJ Document 91 Filed 03/02/26 Page 4 of 8 Case 1:20-vv-01812-UNJ Document 91 Filed 03/02/26 Page 5 of 8 Case 1:20-vv-01812-UNJ Document 91 Filed 03/02/26 Page 6 of 8 Case 1:20-vv-01812-UNJ Document 91 Filed 03/02/26 Page 7 of 8 Case 1:20-vv-01812-UNJ Document 91 Filed 03/02/26 Page 8 of 8 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01812-cl-extra-11269749 Date issued/filed: 2026-03-02 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10803021 -------------------------------------------------------------------------------- CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: February 3, 2026 * * * * * * * * * * * * * * * * CURTISS GUNTER, as executor of the * ESTATE OF KELLEY GUNTER, * * Petitioner, * No. 20-1812V * v. * Special Master Young * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Gary A. Butler, Massa Butler Giglione, Pittsburgh, PA, for Petitioner. Dorian Hurley, United States Department of Justice, Washington, DC, for Respondent. DECISION 1 On December 9, 2020, Curtiss Gunter (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program 2 on behalf of his wife, Kelley Gunter. 3 42 U.S.C. §§ 300aa-10 to -34 (2018). Petitioner alleged that Ms. Gunter suffered from Guillain-Barré Syndrome (“GBS”) that was caused-in-fact by an influenza (“flu”) vaccine she received on December 12, 2017. Pet., ECF No. 1; Amend. Pet., ECF No. 37. On February 3, 2026, the parties filed a stipulation (attached as Appendix A) in which they state that a decision should be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 85. Respondent “denies that [Ms. Gunter] sustained a GBS Table injury; denies that [Ms. Gunter’s] alleged GBS or its residual effects were caused-in-fact by the flu vaccine; and denies 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims’ website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. 3 Petitioner originally filed this case on behalf of his wife as her power of attorney on December 9, 2020. He then filed an amended petition as the executor of his wife’s estate on March 21, 2022, following her death. 1 that the flu vaccine caused [Ms. Gunter] any other injury or [Ms. Gunter’s] death.” Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation. 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: (a) An amount of $251,649.26 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and (b) An amount of $13,350.74, representing compensation for satisfaction of a Kentucky Medicaid Recovery Unit lien, to be paid through an ACH deposit to Petitioner’s IOLTA account for prompt disbursement to: Kentucky Medicaid Recovery Unit c/o Gainwell Technologies P.O. Box 2107 Frankfort, KY 40602 Id. ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 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. 4 IT IS SO ORDERED. s/Herbrina D. S. Young Herbrina D. S. Young Special Master 4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2