Covert v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2047V Filed: October 17, 2025

SHARON DIANE COVERT, as personal representative of ESTATE OF JACK COVERT, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Eric Glen Zajac, Zajac & Padilla, LLC, Ardmore, PA, for petitioner.

Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 On October 20, 2021, petitioner filed a petition on behalf of her deceased husband, Jack Covert, for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (“Vaccine Act”). Petitioner alleges that Mr. Covert suffered from Guillain-Barré Syndrome (“GBS”) as a result of his October 30, 2018 influenza (“flu”) vaccination.3 Amended Petition at 1; Stipulation, filed October 17, 2025, at ¶¶ 1-2. Petitioner further alleges that Mr. Covert experienced the residual effects or complications of his condition for more than six months, that there Because this document 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 document 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. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).

3 The petition also sought compensation for Mr. Covert’s death, which petitioner alleged was “caused-in- fact by complications of his October 30, 2018 trivalent influenza vaccine.” Amended Petition at 1, 4.

However, respondent filed a Rule 4(c) Report, conceding entitlement for Mr. Covert’s GBS only (ECF No. 23, p. 1), and petitioner did not object to a ruling on entitlement based solely on Mr. Covert’s GBS Table Injury (ECF No. 24, p. 1; ECF No. 26, p. 2; 2024 WL 3026913). has been no prior award or settlement of a civil action for damages as a result of his condition, and that his vaccine was administered in the United States. Amended Petition at 2, 4; Stipulation at ¶¶ 3, 5, 7.

On October 17, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. Specifically, the parties stipulate that “Mr. Covert sustained the first symptom or manifestation of the onset of Guillain Barré Syndrome (‘GBS’) within the time period set forth in the Table,” that “[t]here is not a preponderance of evidence demonstrating that Mr. Covert’s GBS is due to a factor unrelated to his October 30, 2018 flu vaccination,” and that “petitioner, as legal representative of Mr. Covert’s estate, is entitled to compensation under the terms of the Vaccine program.” Stipulation at ¶¶ 4, 6, 8. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $190,000.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt distribution to petitioner as legal representative of the estate of Jack Covert.

Stipulation at ¶ 9. This amount represents compensation for all damages that would be available under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.4

IT IS SO ORDERED.

s/Daniel T. Horner Daniel T. Horner Special Master

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