United States Court of Federal Claims, 2026

Hernandez v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided September 8, 2026 · Mindy Michaels Roth

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 23-1364V Filed: August 14, 2026

* * * * * * * * * * * * * YESID HERNANDEZ, *

* Petitioner, *

* *

v. *

* SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * Anne C. Toale, Esq., Mctlaw, Sarasota, FL, for petitioner.

Naseem Kourosh, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Roth, Special Master:

On August 18, 2023, Yesid Hernandez (“petitioner”) alleges that he developed transverse myelitis (“TM”) as a result of the influenza vaccine he received on December 23, 2021. Stipulation, filed August 14, 2026, at ¶¶ 1-4. Respondent denies that the aforementioned immunization caused petitioner’s injury. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On August 14, 2026, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to issue the following payment:

A lump sum of $75,000.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt distribution to petitioner. This amount represents compensation for all damages that would be available under § 300aa-15(a).

I adopt the parties’ stipulation 2 attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision. 3

IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master

CERTIFICATE OF SERVICE

I certify that today, August 14, 2026, a copy of the foregoing document will be served by electronic mail to Anne Toale at [email protected].

/s/ Naseem Kourosh

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 The stipulation was filed with petitioner’s signature completed via Nintex (electronic verification). To avoid the unnecessary disclosure of petitioner’s personal information, the Nintex electronic signature forms have been omitted from this decision. 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.

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