Yinger v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ************************* DONNIE YINGER, * No. 25-555V * * Petitioner, * * Special Master Christian J. Moran v. * * Filed: December 23, 2025 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ************************* Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner; Rachelle Bishop, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1 On December 21, 2025, the parties filed a joint stipulation concerning the petition for compensation filed by Donnie Yinger on March 28, 2025. Petitioner alleged that the tetanus-diphtheria-acellular pertussis ("Tdap") vaccine he received on October 23, 2021 which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer a left radial nerve palsy. 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 develop a left radial nerve palsy, and further denies that the vaccine caused him to suffer any other injury or condition, or that his condition is a sequelae of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The Because this Decision 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 Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. 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. A lump sum of $7,349.32, which amount represents reimbursement for a Medicaid lien for services rendered to petitioner by New York State, in the form of a check payable jointly to petitioner and New York State Department of Health P.O. Box 415874 Boston, MA 02241-5874 Petitioner agrees to endorse this check to the New York State Department of Health.

b. A lump sum of $57,500.00, to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner.

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED.

s/Christian J. Moran Christian J. Moran Special Master

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.