Eddy v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 22-0864V

WILLIAM EDDY, Chief Special Master Corcoran

Petitioner, v. Filed: July 8, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for Petitioner.

Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On August 8, 2022, William Eddy filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). The petition seeks compensation for injuries allegedly related to Petitioner’s receipt of an influenza (“flu”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner received the flu vaccine on October 25, 2019. Petitioner alleges that he suffered from Guillain-Barré syndrome (“GBS”) within the time period set forth in the Table following administration of the flu vaccine, or alternatively, that Petitioner’s GBS was caused-in-fact by the flu vaccine. Petitioner further alleges that he experienced the residual effects of this condition for more than six months.

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).

Respondent denies that Petitioner sustained a Table GBS injury following receipt of the flu vaccine; denies that the vaccine caused Petitioner’s alleged GBS or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.

Nevertheless, on July 8, 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 $60,000.00 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 THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS WILLIAM EDDY,

Petitioner, No. 22-864V

Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters: l. On August 8, 2022, William Eddy ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).

2. Petitioner received the flu vaccine on October 25, 2019.

3. The vaccine was administered within the United States.

4. Petitioner alleges that petitioner suffered from Guillain-Barre Syndrome ("GBS") within the time period set forth in the Table following administration of the flu vaccine, or alternatively, that petitioner's OBS was caused-in-fact by the flu vaccine. Petitioner further alleges that petitioner 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 as a result of his condition.

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11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds.

12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner 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-l 5(g) and (h).

13. In return for the payment described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns, 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 could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300 aa-10 et 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 vaccination administered on October 25, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about August 8, 2022, in the United States Court of Federal Claims as petition No. 22~864V.

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 confonnity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a decision that is in complete conformity with the tenns 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 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 injwy 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 Services that the flu vaccine caused petitioner's alleged injury, any other injury, or petitioner's current disabilities.

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, PKTlTlONER: ~~ A1"00RN.l!':Y 011' lU!:CORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE A1TOB.NEY GENERAL:

~ L- ~ #1 ~ ;(&L,c, HBATHRR L. PEARLMAN

Oold Law Firm, L.L.C. Deputy Director 1 Hollis Street Torts Branch Suite 220 Civil Division Wellesley, MA 02482 U.S. Depanmenl of Juslice Tel: (781) 239-1000 P.O. Box 146 Email: [email protected] Bertjamin Franklin Station

Washington, DC 20044-0146 AOTHORlZ'EJ> REPRESJtNTATlVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT:

AND HUMAN SERVICES:

Jeffrey S. :,S.kuh-S

DlgllllllylfgMdby.Jeffrey Beach -S - -~20.26.o&.a4lf:OO:O~ for ., Y ~ CAPT OEORO:E REED ORlMES. MD. MPH ~ YNOVAK.OVIC Director, Division of Injury Trial Attorney Compensation Programs Torts Branch> Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Scation U.S. Deportment of Health Washington, DC 20044-0146 and Humon Services Tel: (202) 616--2879 5600 Fishers Lane. I4W-l8 Ernail: [email protected] Rockville, MD 20857

CERTIFICATE OF SERVICE

I certify that today, July 8, 2026, a copy of the foregoing pleading will be served to Howard S. Gold at [email protected] and to [email protected].

/s/ Mary Novakovic MARY NOVAKOVIC