O'DELL v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-720V
JAMES O’DELL,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 19, 2025
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 8, 2024, James O’Dell filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”). On October 13, 2021, Petitioner received an influenza (“flu”) vaccine, a vaccine
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner
alleges that he suffered from Guillain-Barré syndrome (“GBS”) as defined in the Table;
he further alleges that the vaccine caused his alleged injury, and that he suffered the
residual effects of his alleged injury for more than six months.
Respondent denies that Petitioner sustained a Table injury; denies that the vaccine
caused Petitioner’s alleged GBS, or any other injury; and denies that Petitioner’s current
condition is a sequela of a vaccine-related injury.
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).
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2
Nevertheless, 	on 	December 	18, 	2025, 	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 $130,000.00 to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation
¶ 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.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JAMES O'DELL,
Petitioner,
V.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
No. 24-720V
Chief Special Master Corcoran
ECF
STIPULATION
The parties hereby stipulate to the following matters:
1. James O'Dell ("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 vaccine ("flu"), which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on October 13, 2021. 1
3. The vaccine was administered within the United States.
1 On October 14, 2021, petitioner received a COVID-19 vaccine. Vaccines against COVID-19
are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa- 14 and 42 C.F.R.
§ 100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services
under the Public Readiness and Emergency Preparedness Act (42 U.S.C. § § 24 7 d-6d, 24 7 d-6e ),
claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be
compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85 Fed.
Reg. 15198, 15202 (March 17, 2020).
1
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4. Petitioner alleges that he developed Guillain-Barre Syndrome ("GBS") due to his flu
vaccine within the time period set forth in the Table. He further alleges that he 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 on his behalf as a result of his alleged injury.
6. Respondent denies that petitioner sustained a Table injury; denies that the vaccine
caused petitioner's alleged OBS, or any other injury; and denies that petitioner's current
condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21 (a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment representing compensation for all damages that
would be available under 42 U.S.C. § 300aa-l 5(a):
A lump sum of $130,000.00 to be paid through an ACH deposit to petitioner's
counsel's IOLTA account for prompt disbursement to petitioner.
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21 (a)(l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
2
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10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(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 programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 13 96 et seq.)), or by entities that provide health services on a pre-paid basis.
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 unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of42 U.S.C. § 300aa-15(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 his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
(a) 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 hereafter could
be timely brought in the Court of Federal Claims, under the Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., (i) on account of, or in any way growing out of, any and
3
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all known or unknown, suspected or unsuspected personal injuries to or death of petitioner
resulting from, or that may be alleged to have resulted from, the vaccinations administered on
October 13 and 14, 2021, and (ii) that petitioner has had, now has, or hereafter may have with
respect to the injury that gave rise to the petition for vaccine compensation filed on or about May
8, 2024, in the United States Court of Federal Claims as petition No. 24-720V; and (b) waives
any and all rights to any compensation that may be available under the Countermeasures Injury
Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action under 42 U.S.C. § 247d-
6d( d)), for a claim alleging that a covered countermeasure, including the COVID-19 vaccination
administered on October 14, 2021, on its own or in combination with the flu vaccination
administered on October 13, 2021, caused or seriously aggravated the injuries that were the
subject of the petition for vaccine compensation filed on or about May 8, 2024, in the United
States Court of Federal Claims as petition 24-720V, including GBS, for which petitioner will
receive compensation pursuant to this Stipulation. 	If petitioner has such a claim currently
pending with the CICP, petitioner hereby withdraws such claim for compensation in the CICP. 2
If no claim for compensation has been filed in the CICP as of the date this Stipulation is filed,
petitioner waives the right to file a claim as described in this paragraph for compensation in the
CICP.
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 Chief Special Master fails to issue a decision in complete conformity with the
2 After entry of judgment reflecting a decision consistent with the terms of this Stipulation,
petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's
withdrawal of their CICP claim and waiver of any potential compensation under the CICP.
4
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terms of this Stipulation or if the Court of Federal Claims fails 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 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 injury 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 or
any other injury or his current disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
5
Case 1:24-vv-00720-UNJ Document 36 Filed 01/27/26 Page 7 of 8

A·rroRNJ:Y ()fi' RECORD F'Ol{
PE 'fl TlO NER:
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CON\VA Y HO?vff.R. PC
16 .] 1awmut Street
Uost(Hl, ~'lA 02 1 l 6
Tel: 617-695-524 7
E-nrn.i J: ri wm('f·rt cc ~1ndh. c nm
AUT llOtllZE,D RE.,R£Sli:NTATIVE
OF THE SECRETARY (ff HEALTH
ANO HlJMAN S.ERVICES:
Jeffrey S. 	l}.igil"11 Y~ 1ll!db)•
J~y S. 6t-3'h -S
Beach -s. 	D-4~: 2025.l US 14:3 2.~
___ w,.,. 	--OS'OO' 	fOf
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Comp~-:nsa fon Prog: ams
! knlth Systems B m.w.t
He.uh ri Rc~ourccs nnd :-ervkes
.- \dmini srrntion
U ..~. D~p;j_fl.men l of Health
an d Human Services
5600 Fishers Lane. 14 \Vw 18
Rockvil~.M fl 20 R57
6
Al:THORTZEO
HEP1u: s1-:N'l 'ATIVE
Of' Tftf: ATTORNF..Y GE~ERAL :
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Deputy Dirr:l'.t m
Tmi!':. Branch
Civii Divis ion
lLS. Deparlt u :n t of Justice
P. O. Box l 46
lknr min Fnmklm Stat'(>t'l
Washinr;ton. DC 20044-0 14 6
ATTORNEY 01'" RECORI) FOR
IU :SPONOENT:
~°'-~LU~A1 ·oR A. H,.\1\SON
Trfal A llorncy
Tor ts Br,; uch
Ctvil Divi~kH1
L"·. D"pimment ut' Jwaice
P.O. Rox 146
Bcnjamtn Fra nk lin Sta tjon
\V a;3 hi.11 gton. DC 20044-0 1-46
Td: (202) 305-1 l !O
f.>maH: Beanor.Hanson(q::usdoj .gov
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