Fields v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0051V

LYNDA FIELDS, Chief Special Master Corcoran Petitioner, v. Filed: October 22, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

John Beaulieu, Siri & Glimstad, LLP, Louisville, KY, for Petitioner.

Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1 On January 12, 2024, Lynda Fields filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, after receiving an influenza (“flu”) vaccine on December 29, 2022. Petition at 1, ¶¶ 3, 20; Stipulation, filed Oct. 22, 2025, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of the SIRVA for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA, alleged as vaccine caused. Petition at ¶¶ 3, 13-14; Stipulation ¶¶ 3-5.

“Respondent denies that [P]etitioner sustained a SIRVA Table injury, denies that [P]etitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused [P]etitioner any other injury or her current condition.”

Stipulation at ¶ 6.

Nevertheless, on October 22, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision 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 $100,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED.

s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

LYNDA FIELDS, Petitioner, No. 24-5 IV Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

STIPULATION The parties hereby stipulate to the following matters : 1. Lynda Fields ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the " Vaccine Program") . The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F .R. § I 00.3(a).

2. Petitioner received a flu vaccine on December 29, 2022. 1 3. The vaccine was administered within the United States.

On December 14, 2022, petitioner also received a COVID-19 vaccine in her left arm. Vaccines against COVID- I 9 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and C.F.R. § I 00.3(a) . Pursuant to the declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85 Fed. Reg. 15198, 15202 (March 17, 2020).

Doc ID: f1559a5ad50af18f6028ac872d23e05966f3a0f9 4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration ("S IRVA") within the time period set forth in the Table, and that she experienced residual effects of this injury for more than six months.

5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result of the alleged injury.

6. Respondent denies that petitioner sustained a SIRVA Table Injury, denies that petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused petitioner any other injury or her 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)(I ), the Secretary of Health and Human Services will issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a): A lump sum payment of$ I 00,000.00 to be paid through an ACH deposit to petitioner's counsel's IO LT A account for prompt disbursement 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-2l(a)(I), 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.

Doc ID : f1559a5ad50af18f6028ac872d23e05966f3a0f9 I 0. Petitioner and petitioner' s attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U .S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any 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 by entities that provide health services on a pre-paid basis.

11 . Payment 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 fu11her agree and stipulate that, except for any award for attorneys ' fees and litigation costs, and past unreimbursed 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 petitioner's individual capacity , and on behalf of petitioner' s heirs, executors, administrators, successors or assigns, (a) 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 hereafter could be timely brought in the Cou11 of Federal Claims, under the Vaccine Injury Compensation Program , 42 U.S.C. § 300aa- IO et seq. , (i) 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

Doc ID: f1559a5ad50af18f6028ac872d23e05966f3a0f9 petitioner resulting from , or that may be alleged to have resulted from , the vaccination administered on December 29, 2022, and (ii) that petitioner has had, now has, or hereafter may have with respect to the injury that gave rise to the petition for vaccine compensation filed on or about January 12, 2024, in the United States Court of Federal Claims as petition No. 24-51 V; and (b) waives any and all rights to any compensation that may be available under the Countermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countermeasure, including the COVID-19 vaccination administered on December 14, 2022, on its own or in combination with the flu vaccination administered on December 29, 2022, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about January 12, 2024, in the United States Cow1 of Federal Claims as petition No. 24-51 V, including a shoulder injury, for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner hereby withdraws such claim for compensation in the CICP. 2 If no claim for compensation has been filed in the CICP as of the date this Stipulation is filed , petitioner waives the right to file a claim as described in this paragraph for compensation in the CICP.

14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Cou11 on behalf of either or both of the patties.

15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Cow1 of Federal Claims fails to enter judgment in conformity with a

After entry of judgment reflecting a decision consistent with the terms of this Stipulation, petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's withdrawal of her CICP claim and waiver of any potential compensation under the CICP.

Doc ID: f1559a5ad50af18f6028ac872d23e05966f3a0f9 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 pati of the patiies 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 vaccine caused petitioner's alleged injury or any other injury or petitioner's current disabilities or that petitioner suffered an injury contained in the Vaccine Injury Table.

18. All rights and obligations of petitioner hereunder shall apply equally to petitioner' s heirs, executors, administrators, successors, and/or assigns.

END OF STIPULATION I I I I I I

Doc ID: f1559a5ad50af18f6028ac872d23e05966f3a0f9 Respectfully submitted,

PETITIONER: ~~k LYNDA FIELDS

ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL:

;.f~ sU J EAULIEU Gli:: LLP I North Seventh Street, No. 827 ---4& ~ \ f : - £ ~ HEATHER L. PEA RLMAN Deputy Director Torts Branch Louisville, Kentucky 40202 Civil Division (509) 822-2463 U.S. Department of Justice [email protected] P.O. Box 146 Benjamin Franklin Station Washington , DC 20044-0146

AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRET ARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey s. Jeffrey Digitally signed by S. Beach -5 Beac h -.S Date: 2025 .09.25 13:30:42-04'00' for ~ N /11,,._1,1_,ff CAPT GEORGE REED GRIMES, MD, MPH ADMN.MlJFFETT "'Tf'- ---- Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 14 W-18 (202) 616-2895 Rockville, MD 20857 adam.muffett@usdoj .gov

Dated / Q /z 2/ 2 0 ZS I

Doc ID: f1559a5ad50af18f6028ac872d23e05966f3a0f9