United States Court of Federal Claims, 2026

Kelley v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided August 25, 2026 · Christian J. Moran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS ************************* ELISABETH KELLEY, * No. 22-1639V

Petitioner, *

* Special Master Christian J. Moran v. *

* Filed: August 5, 2026 SECRETARY OF HEALTH * AND HUMAN SERVICES, *

Respondent. *

************************* Michael McLaren, Black, McLaren et al., PC, Memphis, TN, for Petitioner; Emily Hanson, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION 1

On July 17, 2026, the parties filed a joint stipulation concerning the petition for compensation filed by Elisabeth Kelley. Petitioner alleged that the influenza (“flu”) vaccines she received on September 30, 2020, and October 14, 2021, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), caused her to suffer brachial neuritis (“BN”) and “an overlapping initial shoulder impingement/frozen shoulder injury.” Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.

Respondent denies that petitioner’s alleged BN and/or “shoulder impingement/frozen shoulder injury” or their residual effects were caused-in-fact by the flu vaccine; denies that the flu vaccine or any other vaccine caused or significantly aggravated petitioner's alleged injuries, or any other injury; and denies that petitioner’s current condition is a sequela of a vaccine-related injury.

Damages awarded in that stipulation include: a. A lump sum of $75,000.00, to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

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

CERTIFICATE OF SERVICE

I certify that today, July 17, 2026, a copy of the foregoing pleading was served by electronic mail to Michael G. McLaren at [email protected]. s/ Emily M. Hanson

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), 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. 2 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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.