In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * *

CURT WILCOX, * No. 14-813V

*

Petitioner, * Special Master Moran

*

v. * Filed: March 11, 2015

*

SECRETARY OF HEALTH * Stipulation; Influenza (“flu”) vaccine;

AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).

*

Respondent. *

* * * * * * * * * * * * * * * * * * * * *

Allison Haskins, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner;

Adriana Teitel, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On March 9, 2015, respondent filed a joint stipulation concerning the 

petition for compensation filed by Curt Wilcox on September 4, 2014. In his

petition, Mr. Wilcox 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 he

received on October 24, 2012, caused him to sustained a vaccine-related injury 

diagnosed as Guillain-Barré Syndrome (“GBS”) that was caused-in-fact by the flu 

vaccine. Petitioner further alleges that he experienced the residual effects of his 

injury for more than six months. Petitioner represents that there has been no prior 

award or settlement of a civil action for damages as a result of his condition.

 

1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), 

the party has 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.
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Respondent denies that petitioner’s alleged GBS and residual effects were 

caused-in-fact by the flu vaccine. Respondent further denies that the flu vaccine 

caused petitioner any other injury or his current condition.

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 of $255,000.00 in the form of a check payable to petitioner, 

Curt Wilcox. 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 14-813V according to this decision 

and the attached stipulation.2

Any questions may be directed to my law clerk, Mary Holmes, 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

CURT WILCOX,

Petitioner, 

 v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 14-813V

 Special Master Moran

 ECF

STIPULATION

The parties hereby stipulate to the following matters:

1. Petitioner Curt Wilcox (“petitioner”) filed a petition for vaccine compensation under 

the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine 

Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt 

of an influenza vaccine (“flu”), which vaccine is contained in the Vaccine Injury Table (the 

“Table”), 42 C.F.R. § 100.3 (a).

2. Petitioner received his flu immunization on October 24, 2012.

3. The vaccine was administered within the United States.

4. Petitioner alleges that he sustained a vaccine-related injury diagnosed as GuillainBarre Syndrome (“GBS”) that was caused-in-fact by the flu vaccine. He further alleges that he 

experienced the residual effects of his injury for more than six months.

5. Petitioner represents that there has been no prior award or settlement of a civil action 

for damages as a result of his condition.

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6. Respondent denies that petitioner’s alleged GBS and residual effects were caused-infact by the flu vaccine. Respondent further denies that the flu vaccine caused petitioner any 

other injury or his current condition. 

7. Maintaining their above-stated positions, the parties nevertheless now 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-21(a)(1), the Secretary of Health and Human Services will issue 

the following vaccine compensation payment:

A lump sum of $255,000.00 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-15(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-21(a)(1), 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.

10. Petitioner and his attorney represent that they have identified to respondent all 

known sources of payment for items or services for which the Program is not primarily liable 

under 42 U.S.C. § 300aa-15(g), including 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 entities that provide health services on a pre-paid basis.

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11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to 

paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(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 unreimbursable expenses, the money provided 

pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a 

strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. 

§ 300aa-15(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 States 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-10 et seq., on account of, or in any way growing 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 flu vaccination administered on October 24, 2012, as 

alleged by petitioner in a petition for vaccine compensation filed on September 4, 2014, in the 

United States Court of Federal Claims as petition No. 14-813V.

14. If petitioner should die prior to entry of judgment, this agreement shall be voidable 

upon proper notice to the Court on behalf of either or both of the parties.

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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 conformity with a 

decision that is in complete conformity with the terms of this Stipulation, then the parties’ 

settlement and this Stipulation shall be voidable at the sole discretion of either party.

16. This Stipulation expresses a full and complete negotiated settlement of liability and 

damages claimed under the National 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 award 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 admission by the United States or the 

Secretary of Health and Human Services that the flu vaccination caused petitioner to suffer GBS

or any other injury. 

18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s

heirs, executors, administrators, successors, and/or assigns.

END OF STIPULATION

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