O&039;connell v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 23-1205V

*****************************

* MICHELE O'CONNELL, *

* *

Petitioner, * Filed: June 29, 2026

* v. *

* SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* ***************************** Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Camille J. Webster, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On August 1, 2023, Michele O’Connell filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”). 2 Petitioner alleges that an influenza (“flu”) vaccine received on October 21, 2021, resulted in adverse effects, including idiopathic thrombocytopenic purpura (“ITP”). Moreover, Petitioner alleges that she experienced residual effects of this injury for more than six months.

Respondent denies that Petitioner alleged ITP or its residual effects were caused-in fact by the flu vaccine. Respondent also denies that Petitioner’s receipt of the flu vaccine caused him any other injury or his current condition. Nonetheless both parties, while maintaining their above- stated positions, agreed in a stipulation (filed on June 29, 2026) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards: • A lump sum of $40,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s

IOLTA account for prompt disbursement to Petitioner; and • A lump sum payment of $7,773.04 representing compensation for satisfaction of the

New York State Medicaid lien, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to:

New York State Department of Health Recovery Case Number: 241543 P.O. Box 415874 Boston, MA 02241-5874

Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act.

I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith. 3

IT IS SO ORDERED.

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

CERTIFICATE OF SERVICE

I certify that today, June 29, 2026, a copy of the foregoing pleading was served by electronic mail to Leah Durant 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]