HOLMES v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0110V
LISA D. HOLMES,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 22, 2025
Kelly Elizabeth Elder, Martin & Jones, PLLC, Raleigh, NC, for Petitioner.
Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 21, 2025, Lisa D. Holmes filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) following an influenza vaccination she received on October 31,
2022. Petition at 1; Stipulation, filed at December 22, 2025, ¶¶ 2, 4. Petitioner further
alleges that her “SIRVA has persisted for more than six months.” Petition at ¶ 13;
Stipulation at ¶ 4. “Respondent denies that Petitioner sustained a SIRVA Table injury;
denies that the vaccine caused Petitioner’s alleged shoulder injury; and denies that her
current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, 	on 	December 	22, 	2025, 	the 	parties 	filed 	the 	attached 	joint
stipulation, 3 stating that a decision should be entered awarding compensation. I find the
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).
3 The filed Stipulation included an electronic signature page that has been removed from the attachment
to protect the confidential information of the signers.
Case 1:25-vv-00110-UNJ Document 29 Filed 01/22/26 Page 1 of 7

2
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 $28,700.56, 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. 4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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 1:25-vv-00110-UNJ Document 29 Filed 01/22/26 Page 2 of 7

"!$# $$ 	  	$ 	  $
:7o"o&2./#7 o
4B_J_JVUBX o
1Voo3<o
!HJBCo7WB@J>Po/>]_BXo!VZ@VZ>Uo
#!$o
7#!6#8 	6=o2$o'#-8&o0"o
';/0o7#6<(!#7 o
6B]WVUABU_o
8HBoW>Y`JB]oIBXB?lo]_JWfQ>_Bo_Vo_IBoCVQQViJUFoT>d_BZ]o
) .J]>o"o'VPTB]oWB_JaJVUBXoDJPBAo>oWB_JaJVUoDVXoh>@@JUBo@VTWBU]>_JVUofUABZo_IB
0>_JVU>Po<>@@JUBo*UMgXlo!VTWBU]>_JVUo5XVFZ>T oo;7!o no>>oaVoo_IBo<>@@JUBo
4ZVFX>To 8IBoWB_J_JVUo]BBO]o@VTWBU]>_JVUoCVXoJUMgZJB]o>PPBFBAPloXBP>aBAoaVoWB_J_JVUBX]oZB@BJW_o
VCo>UoJUCSgBUm>oCPfoh>@@JUB oiIJ@Hoh>@@JUBoJ]o@VUa>JUBAoJUoaIBo<>@@JUBo+UNf\lo8>?PBo_HBo
9>?PB oo!%6ono >o
4BaJ_JVUBXoXB@BJhBAo>oDPgoh>@@JUBoVUo2@aV?BZo o
8HBoh>@@JUBoi>^o>ATJUJ]_BXBAoiJ_IJUo_HBo;UJ_BAo7b>B]
4B_JaJVUBXo>PRBGB]oaH>ao^IBo]f]>KUBAo>o]IVgPABZoJUMfZloXBP>_BAoaVoh>@@JUBo>ATJUJ]_X>aJVU
7,6< oiJaHJUo_HBocJTBoWBZJVAo]B_oEVZaIoLUoaHBo8>?PBo 7IBoCfZ_IBZo>PPBFB]odH>ao]HBoBjWBXJBU@BAo
eIBoZB]JAf>PoBCCB@a]oVCo _HJ]o@VUAKaJVUoCVXoTVXBo_H>Uo]JkoTVUaI]o
4B_JaJVUBZoZBWXB]BUa]oaH>aoaHBXBoI>]o?BBUoUVoW[JVXo>i>ZAoVZo]B__PBTBU_oVCo>o@LhJPo>@_JVU
DVXoA>T>FB]oVUoIBZo?BH>RCo>]o>oXB]gP_oVCoIBZo>RPBFBAoJUMfZlo
Case 1:25-vv-00110-UNJ Document 29 Filed 01/22/26 Page 3 of 7

Oocusign Envelope 10: 390E9BC8-4525-457F-9EE 1-86BO799AFC 16
6. 	Respondent denies that petitioner sustained a SJRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injury, or any other injury; 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 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:
A lump sum of $28,700.56 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-l 5(a).
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-2 I (a)(l), and an application, the parties will submit to fu11her 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
under 42 U .S.C. § 300aa- l 5(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.
2
Case 1:25-vv-00110-UNJ Document 29 Filed 01/22/26 Page 4 of 7

Docusign Envelope ID: 390E9BC8-45 25-457F-9 EE1-86BO799AFC 16
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
I I . Payment made pursuant to paragraph 8 and any amoun ts awarded pursuant to
paragraph 9 of this Stipulation wi ll be made in accordance with 42 U.S.C. § 300aa- J 5(i), subject
to the availability of sufficient statu tory funds.
12. Th e parties and their attorneys further agree and stipulate that, except for any award
for attorney s' fees and lit igation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used sole ly for the benefit of petit ion er as contemplated by a
strict construction of 42 U.S.C. § 300aa-l5(a) and (d), and subject to the cond itions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In re turn for the payments described in paragraphs 8 and 9. petitioner, in her
individual capacity. and on behalfo fher heirs. execu tors, administrators, successors or assigns,
does forever irrevocably and unconditiona lly release, acquit and di sc harge the United States and
the Secretary of Health and Human Services from any and a ll 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 cou ld be timely
brought in the Court of Federal Cl ai m s, under the National Vaccine Jnjmy Com pensation
Program. 42 U.S. C. § 300aa-l 0 et seq., on account of, or in any way growing out of, a ny 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 31, 2022. as
alleged in a petition for vaccine compensation filed on or about January 21, 2025, in the Un ited
States Court of Federal Claims as petition No.25-011 0V.
14 . If petitioner shou ld die prior to ent ry of judgment, this agreement sh all be voi dab le
3
Case 1:25-vv-00110-UNJ Document 29 Filed 01/22/26 Page 5 of 7

Docusign Envelope ID: 390E9BC8-4525-457F-9EE 1-86BO799AFC16
upon proper not ice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the 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 Stipulat ion expresses a ful l 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
pai1ies 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 patties' 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 St ipulation shall not be construed as an admission by the United States or the
Secreta1y of Health and Human Services that the flu vaccine caused petitioner's alleged injury or
any other injury or her 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
4
Case 1:25-vv-00110-UNJ Document 29 Filed 01/22/26 Page 6 of 7

Docusign Envelope ID: 390E9BCB-4525-457F-9EE1-868O799AFC16
Respectfully submitted,
PETITIONER:
LISA D. HOLMES
ATTORNEY OF RECORD
FOR PETITIONER:
;.f<#i1J°-2AAttorney and Counselor at Law
Martin & Jones PLLC
4140 Park lake Avenue, Suite 400
Raleigh, NC 27612
Tel: (919) 821-0005
Fax: (919) 863-6086
AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEAL TH
AND HUMAN SERVICES:
Jeffrey 5. 	Digitally signed by
Jeffrey S. Beach -S
Beach -5 	Date:2025.12.1710:25:39
------· 	-0S'OO' 	for
CAPT GEORGE REED GRJMES, MD, MPH
Director, Division of Injury
Compensation Programs
Health Systems Bureau
Health Resources and Services
Administration
U. S. Department of Health
and Human Services
5600 Fishers Lane, 14W-18
Rockville, MD 20857
Dated: 	/ 2--ll ... ')...s:.___
5
AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
• ~ 1..1) ~ (?~ C<~
HEATHER L. PEARLMAN
Deputy Director
To11s Branch
Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington. DC 20044-0146
ATTORNEY OF RECORD FOR
RESPONDENT:
/,/ 	~-----~CN
Trial Attorney
Torts Branch
Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: 202-616-4027
Email: ryan.nelson3@usdoj.gov
Case 1:25-vv-00110-UNJ Document 29 Filed 01/22/26 Page 7 of 7