Overby v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1131V

JAMIE OVERBY, Chief Special Master Corcoran Petitioner, v. Filed: October 27, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.

Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1 On July 25, 2024, Jamie Overby filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). She filed an amended petition with additional details and medical records citations on March 6, 2025. ECF No. 10. Petitioner alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, after receiving a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on July 29, 2021. Amended Petition at 1, ¶¶ 1, 34; Stipulation, filed Oct. 27, 2025, ¶¶ 1-2, 4. Petitioner further alleged 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 ¶¶ 1, 32-33; Stipulation ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged right

Nevertheless, on October 27, 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 $50,000.00, 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

JAMIE OVERBY, Petitioner, No. 24-1131 V (ECF) v. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

STIPULATION The parties hereby stipulate to the following matters: 1. Jamie Overby, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the "Vaccine Program").

The petition seeks compensation for injuries allegedly related to petitioner's receipt of the tetanus diphtheria acellular pertussis ("Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).

2. Petitioner received a Tdap vaccine on July 29, 2021 in the right arm. 1 3. The vaccination was administered within the United States.

4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine administration (" SIRVA") as set forth in the Table. Petitioner further alleges that petitioner

1 On May 11, 2021 and June 8, 2021 , petitioner received COVID-19 vaccines in the left arm.

Vaccines against COVID-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-l 4 and 42 C.F.R. § 100.3(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. §§ 24 7d-6d , 24 7d-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). experienced the residual effects of this condition 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 resu It of petitioner's condition .

6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner' s alleged right shoulder injury, or any other injury ; and denies that petitioner' s current condition is a sequela of a vaccine-related injury.

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)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $50,000.00 , to be paid through an ACH deposit to petitioner' s counsel's IOL TA account for prompt disbursement to petitioner, Jamie Overby.

This amount represents compensation for all 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 filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)(!), and an application , the parties will submit to further proceedings before the special master to award reasonable attorneys ' fees and costs inctmed in proceeding upon th is petition.

10 . 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.

I I. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa- l 5(i), subject to the availability of sufficient statutory funds.

I 2. 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 petitioner' s benefit 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-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 Court of Federal Claims, under the Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 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 petitioner resulting from , or that may be alleged to have resulted from , the vaccination administered on July 29 , 2021 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 July 25 , 2024, in the United States Court of Federal Claims as petition No . 24-1131 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 . § 7d-6d(d)), for a claim alleging that a covered countermeasure, including the COVID-19 vaccinations administered on May 11 , 2021 and June 8, 2021, on their own or in combination with the Tdap vaccination administered on July 29 , 2021 , caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about July 25 , 2024 , in the United States Court of Federal Claims as petition 24-1131 V, including a right-sided SIRVA, 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 Court on behalf of either or both of the parties.

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.

2 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 their CICP claim and waiver of any potential compensation under the CICP.

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 Service that the Tdap 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

Respectfully submitted,

ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR P TITIONER: OF THE ATTORNEY GENERAL:

~~~2~ HEATHER L. PEARLMAN Ho e Law, P.C. Deputy Director 2608 Hibernia Street Torts Branch Dallas, TX 75204 Civil Division (2 14) 622-6340 U.S. Department of Ju stice [email protected] P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146

AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffreys. Digitally signed by Jeffreys. Beach -s Date: 2025.10.22 Beac h -S _ 13:43:30-04'00' for CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civ il Division Health Resources and Services U.S. Department of Ju stice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0 146 600 Fishers Lane, 14 W-18 (202) 305-1159 Rockville, MD 20857 [email protected]

Dated: \0 1~1 [w~S