Wicoff v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-85V Filed: May 16, 2025 * * * * * * * * * * * * * KELLY WICOFF, * * as personal representative of the ESTATE OF RANDOLPH KESTER, * * Petitioner, * * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Jessi C. Huff, Esq., Mctlaw, Seattle, WA, for petitioner.

Dorian Hurley, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 Roth, Special Master: On January 27, 2022, Kelly Wicoff [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program 2 on behalf of the Estate of Randolph Kester.

Petitioner alleges that Mr. Kester developed Guillain-Barre Syndrome after receiving an influenza vaccine on October 30, 2019 and that his death on February 29, 2020 was a sequela of his alleged vaccine-related injury. Stipulation, filed May 15, 2025, at ¶¶ 1-4. Respondent denies that the aforementioned immunization caused petitioner’s injury or death. Stipulation at ¶ 6.

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.

National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018).

Nevertheless, the parties have agreed to settle the case. On May 15, 2025, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. 3 Respondent agrees to issue the following payment: A lump sum of $275,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner, as personal representative of the Estate of Randolph Kester. This amount represents compensation for all damages that would be available under § 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 is directed to enter judgment in accordance with this decision. 4 IT IS SO ORDERED.

s/ Mindy Michaels Roth Mindy Michaels Roth Special Master

The stipulation was filed with petitioner’s signature completed via Nintex (electronic verification). To avoid the unnecessary disclosure of petitioner’s personal information, the Nintex form has been omitted from this decision.

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.