In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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HUEST SWILLEY, * No. 15-1193V 

 * Special Master Christian J. Moran 

 Petitioner, * 

 * 

v. * 

 * Filed: July 13, 2016

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * Stipulation; influenza (“flu”) vaccine;

 * Guillain-Barré Syndrome (“GBS”). 

 Respondent. * 

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

Diana S. Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner;

Douglas Ross, U.S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On July 13, 2016, the parties filed a joint stipulation concerning the petition 

for compensation filed by Huest Swilley on October 14, 2015. In his petition, 

petitioner 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 Huest Swilley

received on or about October 21, 2013, caused him to develop Guillain-Barré 

Syndrome (“GBS”), with residual effects lasting more than six months. Petitioner 

represents that there has been no prior award or settlement of a civil action for 

damages on his behalf as a result of his condition.

Respondent denies that the flu vaccine caused petitioner to suffer GBS, or 

any other injury, or his current condition. 

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 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and 

Promotion of Electronic Government Services), requires that the Court post this decision on its 

website. Pursuant to Vaccine Rule 18(b), the parties have 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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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 payment of $85,000.00 in the form of a check payable to 

petitioner, Huest Swilley. 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 15-1193V according to this decision 

and the attached stipulation.2

 

Any questions may be directed to my law clerk, Shannon Proctor, 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 

H UE T W ILLEY. 

Petitioner. 

V. 

ECRETARY OF HEA LTH A D 

I IUM AN SERVICES. 

Respondent. 

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o. I 5- l I 93V 

Special M a ter Moran 

ECF 

STIPULATION 

The parties hereby stipulate to the following matters: 

I . Huest Swilley. petitioner. filed a petition for vaccine compensation under the National 

Vaccine Injury Compensation Program. 42 U.S.C. §§ 300aa- I 0 to -34 (the ··vaccine Program··). 

T he petition seeks compensation for injuries allegedly related to petitioner' s receipt of an 

influenza (""flu··) vaccine. which vaccine is contained in the Vacc ine Injury Table (the ·Table··). 

42 C .F.R. § I 00.3 (a). 

2. Petitioner received the flu immunization on October 2 1. 201 3. 

3. T he vaccination was administered within the United States. 

4. Petitioner alleges that he suffered injuries. including Guillain-Barre syndrome 

(""GBS""). as a result of receiving the flu vaccine. and that he experienced the residual effects or 

these inj uries for more than six months. 

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

for damages on his behalf as a result of his condition. 

6. Respondent denies that the flu vaccine caused petitioner to suffer GBS. or any other 
injury. or his current condition. 

7. M aintaining their above-stated positions. the parties nevertheless no\\ agree that the 

issues between them shall be settled and that a decision should be entered awarding the 

compensation described in paragraph 8 o f this Stipulation. 

8. As soon as practi cable after an entry of judgment refl ecting a decision consistent w ith 

the term s of thi s Stipulation. and after petitioner has filed an election to receive compensation 

pursuant to 42 U.S.C. § 300aa-2 I (a)( I). the Secretary of I lea Ith and I luman Services w ill issue 

the following vaccine compensation payment: 

A lump sum of $85.000.00 in the form of a check payable to petitioner. This 

amount represents compensation for al l damages that would be available under 42 

U.S.C. § 300aa- l 5(a). 

9. As soon as practicable after the entry of judgment on entitlement in this case. and after 

petitioner has fi led both a proper and timely election to receive compensation pursuant to 

42 U.S.C. § 300aa-2 l(a)( I). and an application. the parties w ill submit to further proceedings 

before the special master to award reasonable attorneys· fees and costs incurred in proceeding 

upon thi s petition. 

I 0. Petitioner and his attorney represent that compensation to be provided pursuant to 

thi s Stipulation is not for any items or services for which the Program is not primaril y liable 

under 42 U.S.C. § 300aa- l 5(g), to the extent that payment has been made or can reasonabl y be 

expected to be made under any State compensation programs. insurance policies. Federal or 

State health benefits programs (other than T itle X IX of the Social Security Act (42 U.S.C. 

§ 1396 et seq.)). or by entities that provide health services on a pre-paid basis. 

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I I . Payment made pursuant to paragraph 8 of this tipulation and any amounts awarded 

pursuant to paragraph 9 o f thi s Stipulation will be made in accordance " ith 42 U .. C. § 300aal 5(i). subject to the availability of sufficient statutory funds. 

12. The parties and their attorneys further agree and stipu late that. except for any award 

for attorneys· fees and litigation costs. and past unreimbursed expenses. the money provided 

pursuant to thi s Stipulation will be u ed solely for the benefit of petitioner as contemplated by a 

strict construction of 42 U.S.C. § 300aa-l 5(a) and (d). and subject to the conditions of 42 U.S.C. 

§ 300aa- l 5(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 ass igns. 

does forever irrevocabl y and unconditionally release. acquit and discharge the United tales 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 o f Federal Claims. under the National Vaccine Injury Compensation 

Program. 42 U.S.C. § 300aa-I 0 et seq .. on account o f. or in any way gro' ' ing 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 nu vaccination administered on October 2 1. 20 13. as 

alleged by petitioner in a petition for vaccine com pen sat ion filed on or about October 14. 20 15. 

in the United States Court of Federal C laims as petition o. 15- l 193V. 

14. I f petitioner should die prior to entry ofjudgment. thi s agreement shall be voidable 

upon proper notice to the Court on be ha If of either or both o f th e parties. 

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15. If the special master fails to issue a decision in complete conformity with the terms 

of thi s Stipulation or if the Court of Federal C laims fail s to enter judgment in conlonn ity '' ith a 

decision that is in complete conformity with the terms of thi s Stipulation. then the parties· 

senlement and this Stipulation shall be voidable at the sole discretion o f either party. 

16. Thi Stipulation expresses a full and complete negotiated sett lement of l iability and 

damages claimed under the ational 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 clearl y agreed to. The parties further agree and understand that the av.ard described in this 

Stipulation may reflect a compromi se of the parties· respecti ve positions as to liability and/or 

amount of damages, and further. that a change in the nature of the inj ury or condition or in the 

items of compensation sought. is not grounds to mod ify or revise th is agreement. 

17. This Stipulation shall not be construed as an admi sion by the United States or the 

Secretary of Health and Human Service that the Ou vaccine caused petitioner to suffer GBS. or 

any other injury. or his current condition. 

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

heirs. executors. admini trators. successors, and/or assigns. 

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Rcspl!c tfully submitted, 

PETITIONER: 

ATTORNEY OF RECORD FOR 

'101'\ER: 

agho Christopher & Toa le, P J\ 

1605 .\1ain Street, Suitt: 7 10 

Sarasota. FL 34236 

AlJTIIOlUZED REPRESENTATIVE 

OFTII E SEn~·, ~y OF llEALTll 

AND f UMAN SER ICES: I ,/"I 

} I.(/ - < -- N,\R ~YA ./N~ 1R , \10 _, .. 

/\cling Direc tor, Division o f Injury Compensation 

Program::. 

Hellltl11.:are Systems Bureau 

Health Resources and Services Administrntiun 

U.S. Depllrtrnent of Health and Human Services 

5600 Fishe rs Lane 

Parklawn Building, Mail Stop 08N 146B 

Rock \ ilk, MD 20857 

Dated: ~-%- _[} / ~{ b 

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AUTHORIZED REPRESENTATIVE 

0 ;THE ATTORNEY GENERAL: 

ARINE E. REEVES 

Acting Deputy Dirnt.: tor 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

ATTORNEY OF RECORO FOR 

RESJ>O DENT: 

Tr

£~/2- ial Atto rney 

Torts Omnch, Civil Division 

LJ.S. Department of Justice 

P.O. Box 146 

Bt:njarnin Fmnk lin Station 

Washington, DC 20044-0146 

Tel: (202) 6 I 6 -3667