Gillette v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 25-0171V

JESSICA O. GILLETTE,

Petitioner, v. Chief Special Master Corcoran SECRETARY OF HEALTH AND Filed: June 12, 2026 HUMAN SERVICES,

Respondent.

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On January 29, 2025, Jessica O. Gillette 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”) resulting from an influenza (“flu”) vaccine received on January 31, 2022. Petition at 1; Stipulation, filed June 11, 2026, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, the adverse effects of her vaccine- related injuries have lasted for longer than six months, and there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at ¶¶ 6, 41, 43, 44; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused her alleged shoulder injury, or any other injury; denies that the flu vaccine significantly aggravated her alleged injury; and denies that petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.

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), 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018).

Nevertheless, on June 11, 2026, 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 $42,000.00, 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

3 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 TUE UN ITED STATES COURT OF FEDERAL CLAJM

OFFICE OF P ◄ JAL MASTERS

J A GILLETTE,

Petitioner, V. orcoran R TARY OF HEALTH AND

HUMAN SERV I E

Respondent.

TIPULATJON

The parties hereby stipu lat to the followin g maller :

I. Jessica Gillette ("'petitioner") liled a petition for va cine ompen ·ation under the National Vaccine Injury ompen at ion Program, 42 . . . § 300aa- l Oto "4 (the ··vacc ine Progra m" ). The pctiti n eek compensation ror injuries allegedly related t p titi oner r ceipt of the influenza (•'nu•) vac inc. wh ich acc ine is conta in ed in th Yacc in Injury Tabl (the ''Table"), 42 .F. R. § I 00.3( ).

2. Petitioner received a flu vaccination on January 3 1, 2022. 3. The flu vaccine was adm ini terecl with in th e United tales. 4. Petitioner all eges that she sustained a Tab le bou lder injury related to vaccine ad111ini tration (" IRVA') w ithin the time period ct forth in the able following adm ini tration r the vace ine. Peti Lioner further aI lcges that she c p riencecl the re iclual effects of th is condition for more than si, months.

5. Petitioner rcprc cnt that there ha been no prior award or settlement of a civi l action for damages on her behalf a a result r her c ndition.

6. Respondent denies that petitioner SL1stained a SIR VA Table inj ury; denies that the flu vaccine caused her alleged shoulder injury, or any other injury; denies that the fl u vaccine significantly aggravated her alleged injury; and den ies that petitioner's current condition is a sequela o f a vaccine-related injury.

7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them sha ll be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipu lation.

8. As soon as practicable after an entry of judgment reflecting a decision consistent w ith the terms of this Stipulation, and after petitioner has fil ed an election to receive compensation pursuant to 42 U.S.C. § JOOaa-2 1(a)( I ). the Secretary o f Health and Human Services will issue the following vaccine com pensation payment:

A lump sum payment of $42,000.00 to be paid through an ACH deposit to petitioner' s counsel 's JOLTA account for prompt disbursement to petitioner, Jessica Gillette. T his amount represents compensation for al l damages that would be available under 42 U.S.C. § 300aa- 15(a).

9. As soon as practicable after the entry of'j L1dgmenL on enlitlement in this case, and after peti tioner has fil ed both a proper and timely election to rece ive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( I ), and an application, the parties wi l l submit to further proceedings before the special master to nward reasonable attorneys' fees and costs incurred in proceeding upon this petition.

I 0. Petitioner and her attorney represent that compensation to be prov ided pursuant to this Stipulation is not for any items or services fo r which the Program is not primaril y liable under 42 U.S.C. § 300aa- I 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 prograins (other than Title XIX of the Soc ial 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 nmounts awarded pursuant to paragraph 9 01this Stipulation will be made in accordance with 42 U.S.C. § 300aa- 15(i). subj ect to the availability of sufficient statutory funds.

12. The parties and their attorneys fu1t her agree and stipulate that, except fo r any award fo r attorneys' fees, and litigation costs, and past unreimbursable expenses. the money provided pursuant Lo thi s Stipulation will be used solely fo r the benefit of petitioner 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 her indi vidual capacity and on behal f' of her heirs, execL1tors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acq uit and discharge the United States and the Secretary of Hea lth and Human Services from a11y 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 could be timely brought in the Court or Federal Claims, under the National Vacci ne Inj ury Compensation Program, 42 U.S .C. § 300aa- l 0 e l seq., 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 alleged to have resulted from, the flu vacc ination adm ini stered on or about January 31, 2022. as alleged in a petition fo r vaccine compensation fi led on or about January 29, 2025, in the Un ited States Court of Federal Claims as petition No. 25-171V.

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

15. If the special master fa ils to issue a decision in comp lete conformity with the terms of this Stipulation or if the Court of Federal Claims fail s 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.

16. This Stipulation expresses a full and complete negotiated settlement of liabi lity and damages claimed undet· the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is abso lutely 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 renect 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 soL1ght, is nOL grounds to modify or revise th is agreement.

17. This Stipulation shall not be construed as an admi ss ion by the United States or the Secretary of Health and Human Services that the flu vaccine or any other vaccination caused petitioner's alleged shoulder injury or any other injury or petitioner' s current condition, or that petitioner suffered an injury contained in the Vacc ine Injury Table.

18. All rights and ob ligations or petitioner hereunder shall apply equally to petitioner's heirs, executors, adm inistrators, successors, and/or assigns.

END OF STIPULATION

Respectfully submitted, PETITIONER:

ATTOKNEY OF RECORD AUTHORIZED REPRESENT ATlVE FOR PETITIONER: OF THE ATTORNEY GENERAL:

~ HEATH

£~ Al~MAN

Jeffrey S. Pop & Associates Deputy Director 9150 Wilshire Blvd. Suite 241 Torts Branch Beverly Hills, A 90212 Civil Division (310) 273-5462 .S. Department of Justice jpop@p plawyer.com P.O. Box 146

Benjamin Franklin Station Washington, D 20044-0146

AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRET ARY OF HEAL TH RESPONDENT:

ANO HUMAN SERVICES:

George R. Grimes DlgltallyslgnedbyGeorgeR.

Grlmcs-516 -5 16 Dote: 2026.05.28 12:02:06 . 04•00· CAPT GEORGE R · ·D GRIMES, MD, MPH Director, Division of Injury Trial Attorney ompensation Programs T rts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. epartment of Just ice Administration P.O. Box 146 U.S . epartment of Health Benjamin Franklin tati n and Human Services Washington, D 20044-0146 5600 ishers Lane, 14W-l 8 (202) 307-3241 Rockvill e, MD 20857 Cami lle.Webster@usdoj .gov

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

)

JESSICA GILLETTE, )

)

Petitioner, )

) No. 25-171V v. ) Chief Special Master Corcoran

) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, )

)

Respondent. )

) CERTIFICATE OF SERVICE

I certify that today, June 11, 2026, a copy of the foregoing pleading was served by electronic mail to Jeffrey Pop at [email protected].

/s/Camille J. Webster Camille J. Webster Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 307-3241 Email: [email protected]