United States Court of Federal Claims, 2026

BROOKS v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Decided June 18, 2026 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2147V

CHRISTOPHER BROOKS and Chief Special Master Corcoran MARTINA BROOKS, Parents of E.B., a Minor, Filed: May 8, 2026 Petitioners, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioners.

Crystal Fialkowski, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1 On December 30, 2024, Christopher Brooks and Martina Brooks, parents of E.B., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioners allege that E.B. suffered vasovagal syncope, resulting in a traumatic dental injury, resulting from influenza and human papillomavirus vaccines received on October 3, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 8, 2025, a ruling on entitlement was issued, finding Petitioners entitled to compensation for vasovagal syncope. On May 7, 2026, Respondent filed the attached

1 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), Petitioners have 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). joint stipulation,3 requesting that I issue a decision awarding an amount of $131,500.00 to purchase an annuity contract as further set forth in paragraphs 8(a) and 10 of the Stipulation, and $4,163.89 to be paid to Petitioners. Stipulation at ¶ 8. 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 Petitioners the following: a. An amount of $131,500.00 to purchase the annuity contract described in paragraph 10 of the Stipulation, paid to the life insurance company from which the annuity will be purchased; and b. A lump sum payment of $4,163.89, to be paid through an ACH deposit to Petitioners’ counsel’s IOLTA account for prompt disbursement to Petitioners. This amount represents past unreimbursable expenses Petitioners incurred on behalf of E.B. related to E.B.’s Table injury.

These amounts represent compensation for all damages that would be available under Section 15(a).

The Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED.

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

3 Usually, a proffer is filed by Respondent if the parties have reached an informal agreement regarding the appropriate amount of compensation to be awarded after an entitlement determination. However, in a minority of cases, the parties may choose to file a joint stipulation instead, representing more of a compromise regarding the compensation to be awarded. 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.

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

CHRISTOPHER BROOKS and MARTINA BROOKS, parents of E.B., a minor, Petitioner, No. 24-2147V Chief Special Master Corcoran V. ECF SECRETARY OF HEALTII AND HUMAN SERVICES, Respondent.

STIPULATION The parties hereby stipulate to the following matters: 1. Christopher and Martina Brooks (''petitioners"), on behalf of E.B., a minor child, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to E.B. 's receipt of the influenza ("flu") and human papillomavirus ("HPV") vaccinations, which vaccines are contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).

2. E.B. received the vaccines on or about October 3, 2022. 1 3. The vaccination was administered within the United States.

On October 3, 2022, E.B. also received a COVID-19 vaccine. Vaccines against COVID-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 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. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be compensable under the Countenneasures Injury Compensation Program ("CICP"). See 85 Fed. Reg. 15198, 15202 (March 17, 2020).

4. E.B. suffered vasovaga] syncope within the time period set forth in the Table following administration oftbe flu and HPV vaccines and experienced the residual effects of this condition for more than six months.

5. There is not a preponderance of evidence demonstrating that E.B.'s injury is due to a factor unrelated to the vaccinations.

6. Petitioners represent that there has been no prior award or settlement of a civil action for damages on E.B.' s behalf as a result of E.B. 's condition.

7. Accordingly, petitioners are entitled to compensation under the tenns of the Vaccine Act for E.B.'s Table injury. Therefore, a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation.

8. As soon as practicable after an entry ofjudgment reflecting a decision consistent with the terms of this Stipulation, and after petitioners have filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments: a. An amount of$131,500.00 to purchase the annuity contract described in paragraph 10 below, paid to the life insurance company from which the annuity will be purchased (the "Life Insurance Company").

b. A lump sum of$4,163.89 to be paid through an ACH deposit to petitioners' counsel's IOLTA account for prompt disbursement to petitioners. This amount represents past unreimbursable expenses petitioners incurred on behalf of E.B., related to E.B. 's Table inj ury.

These amounts represent compensation for an damages that would be available under 42 U.S.C. § 300aa-15(a).

9. The Life Insurance Company must have a minimum of$250,000,000 capital and surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from two of the following rating organizations:

a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; b. Moody's Investor Setvice Claims Paying Rating: Aa3, Aa2, Aal, or Aaa; c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or AAA; d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA, AA+, or AAA.

10. The Secretary of Health and Human Services agrees to purchase an annuity contract from the Life Insurance Company for the benefit ofE.B., pursuant to which the Life Insmance Company will agree to make payments periodically to E.B. as follows for pain and suffering: a. A certain lump sum of$44,976.30 payable on July 26, 2027.

b. A certain lump sum of$52,483.93 payable on July 26, 2030.

c. A certain lump sum of$6l,245.48 payable on July 26, 2033.

The purchase price of the annuity described in this paragraph shall neither be greater than nor less than $131,500.00. In the event that the cost of the annuity set forth above varies from $131,500.00, the certain lump sum payment to be made on July 26, 2033, shall be adjusted to ensure that the total cost of the annuity is neither less nor greater than $131,500.00. Should E.B. predecease any of the lump sum payments set forth above, said payment shall be made to her estate. However, written notice shall be provided to the Secretary of Health and Human Setvices and the Life Insurance Company within twenty (20) days ofE.B's death.

11. The annuity contract will be owned solely and exclusively by the Secretary of Health and Human Services and will be purchased as soon as practicable following the entry of a judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary of Health and Human Setvices and the United States of America are not responsible for the payment of any sums other than the amount set forth in paragraph 8 herein and the amounts awarded pursuant to paragraph 13 herein, and that they do not guarantee or insure any of the future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and Human Services and the United States of America are released from any and all obligations with respect to future annuity payments.

12. The parties stipulate and agree that the annuity payments cannot be assigned, accelerated, deferred, increased, or decreased by the parties and that no part of any annuity payments called for herein, nor any assets of the United States or the annuity company, are subject to execution or any legal process for any obligation in any manner. Petitioners, in petitioners' individual capacity, and as legal representatives ofE.B., on behalf of petitioners, E.B., and E.B. 's heirs, executors, administrators, successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise.

13. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioners have filed both a proper and timely election to receive compensation pursuant to U.S.C. § 300aa-2l(a)(l), and an application, the parties wi1l submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition.

14. Petitioners and petitioners' 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-l 5(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 X1X of the Social Security Act (42 U.S.C. § 1396 et seq.)}, or by entities that provide health services on a pre-paid basis.

15. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 13 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds.

16. 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 E.B. 's benefit 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).

17. Petitioners represent that petitioners presently are, or if necessary will become, authorized to serve as guardians/conservators ofE.B. 's estate as may be required under the laws of the Commonwealth of Massachusetts.

18. In return for the payments described in paragraphs 8 and 13, petitioners, in petitioners' individual capacity, and as legal representatives ofE.B., on behalf of petitioners, E.B., and E.B'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 brough~ or could be timely brought in the Court of Federal Claims, under the National 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 E.B. resulting from, or s Zh~hcâÃ®âZÜhâ´hÁÔÉcâ{¡âÃhâÜZbb§ZÃ®¦ÁâZc¢§ÁÃhµhdâ®§â®´âZ_®ÕÆâNbÃ®_hµâ1 â-(.. âZ§cââ ÃZÃâ³hÄÃ°¦h´ÁâZÜhâZcâ§®ÝâZÜh â®µâi´iZ|i¶â£Zßâ ZÜhâÝÊâ´hÁ³hbÆâÃ®âÇ iâ§Õ´ßâÍZÆâ~ZÜhâ ½ÁhâÃ®âÆhâ³hÃÃ®§âu·âÜZbb§iâb®¢³h§ÁZÃ®§ârheâ®§â®µâZ_®ÕÃâChbh£_i´â2(â-(-3 â¦âÎhâU¦Ãhcâ PÃ^ÃhÁâ?®Õ¿â®lâGiciµZâ?Z¢ÁâZÁâ³hÆÃ®¦âL®â/3-+36X;â\§câ_âÝZÜhâZ§àâZ¦câZâµ~ ÆÁâÃ®âZ§àâ b®¡³i¦ÁZÃ®§âÍZÃâ¡Zßâ_hâZÜZZ_hâÕ§ch´âÃhâ?®Õ¦Æh´¡hZÁÚiÁâJ§Ôµßâ?®¢³h§ÁZÃ®§âO´®\£â ?J?O â3/âVQ@ âáâ037c5hâ®¸â\©âZbÆ®¦âÙch¸â3/âW R ? âáâ/38e4ecâvµâZâbZ¢âZi¦â ÌZÆâZâb®Üh´icâb®Ö§Æh¾hZÁÕ»hâ§bÕc§~âÃiâ?NXJC,9âÜZbb§ZÃ®§âZc¢§ÁÆi´icâ®§âNbÃ®`i´â2â /)//â®§âÃÁâ®Ý©â®¸â§âb®¡`§ZÃ®§âÝÃ âÃhâsÕâZ¦eâIOYâÜZbb¦ZÃ®§ÁâZc£¦ÁÃiµheâ®§âNbÅ®_h¹â â/)//âbZÕÁheâ®´âÁhµ®ÕÁßâZ\ÜZÃhcâÃhâ¦Õ´iÁâÏZÃâÝi´iâÊiâÁÕ_hbÆâ®lâÆhâ³hÃÆ®¦âw´â ÜZbb§iâb®¤³h§ÁZÆ®§âpicâ®¨â®µâZa®ÕÃâDibi¤_iµâ2)â/*/3â§âÈiâV¦ÆicâPÆZÃhÁâ?¯ÔÀâ®lâ HifhµZâ?Z£ÁâZÁâ³hÃÆ®§âM® â-3/,36X â¦bÕe¦~âÜ]Á®ÜZZâÁßªb®³hâx¶âÝbâ³hÆÆ®§hµÁâZÁâ iZâ¶i³´hÁh§ÆZÆÜiÁâ®lE!= âÝâ´ibhÜiâb®¡³i¦ÁZÆ®§â³Õ¶ÁÕZ¨ÆâÆ®âÃÁâPÆ³ÕZÃ®¦"â Jlâ ³hÃÃ®§h´Áâ®§â`iZlâ®lâE =# âZÜhâÁÕbâZâbZ¢âbÛh¦Æßâ³i¦e§âÝÌâÃhâ?JAOâ³iÆÆ²hµÁâ iµi`ßâÞÃe¸ZÝâÁÕbâbZ¥âxºâb®¤³i§ÁZÇ®¦â§âÃiâ?K?O$â Jlâ¦®âbZ£âyµâb®¢³i§ÁZÇ®§â ZÁâ _hh§âq icâ§âÃhâBJBOâZÁâ®lâÎiâeZÆiâÍÁâSÃ³ÕZÆ®§âÁâqhcâ³hÃÃ®§h´ÁâÝZÜhâÃhâ´~ ÃâÆ®âriâZâ bZ¤âZÁâchÁb¹_hcâ¦âÆÁâ³Z´[[³âw´âb®¡³h¦ÁZÆ®§â§âÃ hâ?J?O%â ,: JlâF&> âÁ®Õcâciâ³´®´âÆ®âh§Òßâ®lâÔei§ÆâÃÁâZjh¢h§ÆâÁZ â_hâÜ®cZ_hâÔ³®¦ ³¶±³iµâ¦®ÆbkâÃ®âÐiâ?®×¼Æâ®§â`iZmâ®mâiÃi´â®´â_®Ãâ®mâÆhâ³Z´ÆhÁ â /(' JlâÌiâÁ³hbZâ¤\ÂÆi´ânÁâÆ®âÁÁÕiâZâchbÁ®§â§âb®¤³hÆiâb®§z¾ÈßâÞÆâÆhâÆh«Á ®lâÃ ÁâPÃ³ÕZÃ®§â®´âlâËiâ?®Ø¿â®lâHhch´Zâ?Z¢ÁâoÁâÃ®âh§Ãh´âÕch§Æâ§âb®§w¾ÆßâÝÑâZâ

<}i´âi§Óßâ®lâÔe¢h¬â´ithbÆ¦~âZâehbÁ®¦âb®§ÁÁÃi¦ÆâÝÆ âÈhâÆh¾Áâ®lâÇÁâPÃ³ÔZÆ®§â ³iÆÃ®§i´ÁâZhhâÎZÆâ¶iÁ³®§ch¦ÃâÝâÁh¦câÃÁâTÃ³ÕZÆ®§âÆ®âÆhâ?J?OâZÁâiÜci¦biâ®lâ³iÆÆ®§iµÁâ ÝÎe´ZÞZâ®lâÆiµâ?J?OâbZ¡âZ©gâÝZÜiµâ®lâZ¦ßâ³®Ãi§ÃZâb®£³h§ÁZÃ®§âÕªch´âÃhâ?J?Oâ 5â 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.

21. 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 13 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.

22. Petitioners hereby authorize respondent to disclose documents filed by petitioners in this case consistent with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of Records, No. 09-15-0056.

23. The Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the vaccinations administered on October 3, 2022, caused E.B. 's injury or any other injury or her current condition; however, petitioners have satisfied the Table criteria to establish entitlement to compensation.

24. All rights and obligations of petitioners herewider shall apply equally to petitioners' heirs, executors, administrators, successors, and/or assigns as legal representatives of E.B.

END OF STIPULATION

AlTORNEYOFR.ECORDFOR AUTHORIZED REPRESENTATIVE PETmONERS: OF THE AITORNEY GENERAL: f-_~AJ c. KOl-Uf btt ~tu\~ C ~ ~k R3.\fc)Cl) ~ ~ ' d . e ~ RONALDC. HO HEATHER L. PEARLMAN Conway Homer. P.C. Deputy Director Shawmut Street Torts Branch Boston. MA 02116 Civil Division (617) 695-1990 U.S. Department of Justice [email protected] P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTiiORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEAL'Ili RESPONDENT: AND HUMAN SERVICES: George R. Grimes- Dlgllally'9MdbyGtGfOl11. ~ -S16 S16 o.2036.04JC u~t-o4W CAPT GEORGE REED GRIMES, MD, MPH ~ ~ 4 ' -~ CRYSALR.F:fucowsKI ~ 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, 14W-18 (202) 307-0786 Rockville, MD 20857 [email protected]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.