Gunter v. Secretary of Health and Human Services

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 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.

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. 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

Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.