BOEDEKER v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-1510V
SHEILA BOEDEKER,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: October 7, 2025
Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner.
Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On October 13, 2022, Sheila Boedeker filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”), which she amended on June 16, 2023. Petitioner alleges that she suffered
a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza
(“flu”) vaccine received on October 14, 2019. Amended Petition at 1; Stipulation, filed
June 5, 2025, at ¶¶ 2-4. Petitioner further alleges that the flu vaccine was administered
in the United States, she suffered residual effects of her alleged injury for more than six
months, and there has been no prior award or settlement of a civil action for damages on
her behalf as a result of her condition. Amended Petition at preamble, ¶¶ 8-15; Stipulation
at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that
the flu vaccine caused her alleged shoulder injury or any other injury or condition; and
denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at
¶ 6.
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 June 5, 2025, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. On June 5, 2025, I
issued a decision finding the stipulation reasonable and adopting it as my decision
awarding damages, on the terms set forth therein (ECF No. 61). Judgment was entered
on July 9, 2025 (ECF No. 63).
On October 3, 2025, Petitioner filed a joint motion to revise the judgment (ECF No.
65). Petitioner explained that Respondent issued a Medicaid reimbursement check to
Prime West Health as directed in the June 5, 2025 decision and July 9, 2025 judgment.
The parties were then advised that the check should instead have been made payable to
South Country Health Alliance, with the subrogation check being voided and returned to
Respondent. The parties jointly requested that the judgment be modified to direct
Respondent to issue a new check made payable to South Country Health Alliance. On
October 7, 2025, I granted the motion for relief from judgment (ECF No. 66).
Pursuant to the terms stated in the attached Stipulation and October 7, 2025 order
granting relief from judgment, I award the following compensation:
A. A lump sum of $52,000.00, to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement to
Petitioner; and
B. A lump sum of $7,187.30, representing reimbursement of a Medicaid
lien for services rendered to Petitioner by the State of Minnesota, in
the form of a check payable jointly to Petitioner and:
South Country Health Alliance
3905 Dakota Street
Alexandria, MN 56308
Subscriber ID: G0304392901
Reference: Sheila Boedeker
Petitioner agrees to endorse this check to South Country Health Alliance.
Stipulation at ¶ 8; October 7, 2025 Order Granting Relief from Judgment. These amounts
represent 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.
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.
Case 1:22-vv-01510-UNJ Document 71 Filed 11/13/25 Page 2 of 12

3
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
Case 1:22-vv-01510-UNJ Document 71 Filed 11/13/25 Page 3 of 12

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SHEILA BOEDEKER, 	*
Petitioner,
V.
*
•
•
*
*
No. 22-1S10V
Chief Special Master Corcoran
ECF
SECRETARY OF HEAL TH AND 	•
HUMAN SERVICES, 	*
*
Respondent. 	*
STIPULATION
The parties hereby stipulate to the following matters:
1. 	Sheila Boedeker ("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 a flu vaccine on October 14, 2019.
3. 	This vaccine was administered within the United States.
4. 	Petitioner alleges that she sustained a shoulder injury related to vaccine
administration ("SIRVA ") within the time period set forth in the Table. She further alleges that
she has experienced residual effects of her alleged injury for more than six months.
5. 	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.
Case 1:22-vv-01510-UNJ Document 71 Filed 11/13/25 Page 4 of 12

6. 	Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
flu vaccine caused her alleged shoulder injury or any other injury or condition; and denies that
her 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 tenns of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payments:
A. 	A lump sum of$52,000.00 to be paid through an ACH deposit to petitioner's
counsel's IOLTA account for prompt disbursement to petitioner; and
B. 	A lump sum of $7,187.30, 1 representing reimbursement of a Medicaid lien for
services rendered to petitioner by the State of Minnesota, in the fonn of a check
payable jointly to petitioner and:
PrimeWest Health
Subrogation Department
3905 Dakota Street
Alexandria, MN 56308
Ref.: Sheila Boedeker
Petitioner agrees to endorse this check to PrimeWest Health.
These amounts represent compensation fo r all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of Minnesota may have against any individual as a result of any
Medicaid pa)ments PrimeWest Health has made to or on behalf of Sheila Boedeker as a result of
her alleged vaccine-related injury suffered on or about October 14, 2019, under Title XIX of the
Social Security Act,~ 42 U.S.C. § 300aa-15(g), (h).
2
Case 1:22-vv-01510-UNJ Document 71 Filed 11/13/25 Page 5 of 12

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-2l(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.
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
wider 42 U.S.C. § 300aa- 15(g), to the extent that payment bas 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.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. 	Payments made pursuant to paragraph 8 and any amowits 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 wucimbursablc 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-l5(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 her
individual capacity and on behalf of her 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
3
Case 1:22-vv-01510-UNJ Document 71 Filed 11/13/25 Page 6 of 12

(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. § 300aa-l 0 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 14, 2019, as
alleged by petitioner in a petition for vaccine compensation filed on or about October 13, 2022,
and an amended petition for vaccine compensation filed on or about June 16, 2023, in the United
States Court of Federal Claims as petition No. 22-lSI0V.
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 issut: a.uec.:isiuu iu cumplelt: conformity with the
tenns of this Stipulation or if the Court of Federal Claims fail s to enter judgment in confonnity
with a decision that is in complete confonnity 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 Stipulativi1 c:.:.picsscs a full and compktc negotiated settlement ofliability
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. TI1e 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.
4
Case 1:22-vv-01510-UNJ Document 71 Filed 11/13/25 Page 7 of 12

17 . 	This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that petitioner sustained a SIRVA Table injury; that the
flu vaccine caused any other injury ; or that her current oondition is a sequela of a vaccine-related
injury .
18 . 	All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STJPULA TION
Case 1:22-vv-01510-UNJ Document 71 Filed 11/13/25 Page 8 of 12

Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD
FOR PETITIONER:
~KATHLEEN M. LOUCKS
L01\1MP. N ABDO . P A .
920 Second Avenue South,
Suite 1000
Minneapolis, MN 55402
Tel : (612) 336-9348
Email: kloucks@ lommen .com
AUTHORIZED REPRESENTATIVE
OF THE SECRET ARY OF HEALTH
AND HUMAN SERVICES:
Jeffrey S. Dlgltallyslgnedl7;Jeffrey
S. Beach•S
Beach -S 	Oate:2025.05.2815:13:42
-o4•oo· 	tor
r • p,r.- rrnr;r rrrn GPT'!fS: :\ff'i_ ~.,:pq
Director, Division of Injury
Compensation Programs
Health Systems Bureau
Health Resources and Services
Administration
U.S. Department of Health
::ip, J H um,in Servi i;: P.<:
5600 Fishers Lane , 08W-25A
Rockville, MD 20857
b-- S--'2.tJlf
AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
~~F ~
Deputy Di r,:ct<"
Torts Branch
Civil Division
U.S. Department of Justice
P.O . Box 146
Benjamin Franklin Station
Washington. DC 20044-0146
ATTORNEY OF RECORD FOR
RESPONDE
Trial Attorney
Torts Branch
Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
W :1 11h inr.t"n Dr "fl()tl 11 - " 1 ,1~
Tel: 202-616-4027
Email: ryan .nelson3 @usdoj.gov
Case 1:22-vv-01510-UNJ Document 71 Filed 11/13/25 Page 9 of 12

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-1510V
SHEILA BOEDEKER,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: October 7, 2025
Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner.
Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent.
ORDER GRANTING RELIEF FROM JUDGMENT1
On October 13, 2022, Sheila Boedeker filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”), which she amended on June 16, 2023. Petitioner alleges that she suffered
a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza
vaccine received on October 14, 2019. Amended Petition at 1. On June 5, 2025,
Respondent filed a stipulation (ECF No. 60). On the same day, I issued a decision on the
joint stipulation (ECF No. 61), and judgment was entered on July 9, 2025 (ECF No. 63).
On October 3, 2025, Petitioner filed a joint motion to revise the judgment (ECF No. 65).
1 Because this order 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 order 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).
Case 1:22-vv-01510-UNJ Document 71 Filed 11/13/25 Page 10 of 12

2
I. 	Applicable Legal Standards
Under Vaccine Rule 36, Appendix B, a party may seek relief from judgment
pursuant to Rule 59, 60(a) or 60(b) of the RCFC. Although Petitioner indicated on
CM/ECF that she seeks relief pursuant to RCFC 59(e), that rule limits such motions to
“no later than 28 days after the entry of judgment,” and thus it is not appropriate in this
case. However, RCFC 60(b) delineates five specific circumstances for relief, plus a catch-
all permitting a party to obtain modification of a decision based upon “any other reason
that justifies relief.” RCFC 60(b)(6). Such a motion must be made “within a reasonable
time.” RCFC 60(c).
The Federal Circuit has described Rule 60(b) as a “remedial provision . . . 	to be
‘liberally construed for the purpose of doing substantial justice.” Patton v. Sec’y of Health
& Human Servs., 25 F.3d 1021, 1030 (Fed. Cir. 1994). Special masters have discretion
regarding 	whether 	to 	grant 	relief 	under 	Rule 	60(b) 	and 	may 	weigh 	equitable
considerations in the exercise of its discretion. McCray v. Sec’y of Health & Human
Servs., No. 11-567V, 2014 WL 2858593, at *1 (Fed. Cl. Spec. Mstr. May 29, 2014) (citing
CNA Corp. v. United States, 83 Fed. Cl. 1, 7-8 (2008)).
II. 	Petitioner’s Motion for Relief from Judgment
Petitioner states that Respondent issued a Medicaid reimbursement check to
Prime West Health as directed in the June 5, 2025 decision and July 9, 2025 judgment.
Petitioner’s Joint Motion to Revise Judgment (ECF No. 65). The parties were then advised
that the check should instead have been made payable to South Country Health Alliance.
The check was voided and returned to Respondent. The parties now jointly request that
the judgment be modified to direct Respondent to issue a new check made payable to:
South Country Health Alliance
3905 Dakota Street
Alexandria, MN 56308
Subscriber ID: G0304392901
Reference: Sheila Boedeker
Petitioner agrees to endorse this check to South Country Health Alliance.
III. 	Analysis
Petitioner has demonstrated entitlement to relief pursuant to RCFC 60(b). The
motion was made within a reasonable time, and is filed for the purpose of ensuring that
the Medicaid lien is properly reimbursed as directed in the decision and judgment.
Therefore, I GRANT the motion.
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3
Conclusion
In light of the foregoing, the Clerk of the Court is hereby instructed to VACATE the
judgment entered on July 9, 2025 (ECF No. 63) and WITHDRAW the Decision issued
on June 5, 2025 (ECF No. 61). A decision will be issued separately with the corrected
information.
Any questions about this order or about this case generally may be directed to OSM
staff 	attorney 	Eileen 	Vachher 	at 	(202) 	357-6388 	or
Eileen_Vachher@cfc.uscourts.gov.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
Case 1:22-vv-01510-UNJ Document 71 Filed 11/13/25 Page 12 of 12