WOODARD v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

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Document 61

Case 1:23-vv-01065-UNJ

In the Anited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
Filed: December 12, 2025

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AARON WOODARD,
Petitioner, No. 23-1065V
V. Special Master Gowen

SECRETARY OF HEALTH
AND HUMAN SERVICES,

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Respondent.

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Catherine W. Costigan, Mctlaw, Washington, D.C., for petitioner.
Madylan L. Yarc, Department of Justice, Washington, D.C., for respondent.

DECISION ON STIPULATION!

On July 12, 2023, Aaron Woodard (“petitioner”) filed a claim for compensation in the
National Vaccine Injury Compensation Program.” Petition (ECF No. 1). Petitioner alleged that
as a result of receiving the influenza (‘flu’) vaccine on December 30, 2021, he suffered Guillain-
Barré Syndrome (“GBS”). Id.

On December 11, 2025, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (ECF No. 56).° Respondent denies
that petitioner suffered GBS or CIDP; denies that the flu vaccine was the cause of petitioner’ s
GBS or CIDP orits residual effects; and denies that his current condition is a sequela of a

1 Pursuant to the E-Govemment Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a
reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision
will appear at https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims
website. This means the decision will be available to anyone with aocess to the Internet. Before the decision is
posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information
fumished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed
redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision
will be posted on the court’s website without any changes. Id.

* The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury
Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine
Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

3 The stipulation was signed using an electronic signature and the electronic signature page was removed as it
contains petitioner’s confidential information.

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vaccine
-related injury
. Id.
 at ¶ 6. Nevertheless, maintaining the respective positions, the parties
now agree that issues between them shall be settled and that a decision should be entered	
awarding petitioner compensation described in the stipulation attached hereto as Appendix A.	
Id. at ¶ 7.	
The stipulation provides:	
A) A lump sum payment of $
235,000.00
 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. § 15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The Clerk of the Court
 SHALL ENTER JUDGMENT
 in
accordance with the terms of the parties’ stipulation.
4
IT IS SO ORDERED.
s/Thomas L. Gowen	
Thomas L. Gowen	
Special Master
4 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

AARON WOODARD,

Petitioner, No. 23-1065V

Special Master Thomas L. Gowen

v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

1. Aaron Woodard (“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 December 30, 2021.!

3. The vaccine was administered within the United States.

' On December 30, 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. §§ 247d-6d, 247d-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).

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4. Petitioner alleges that he suffered from Guillain Barre Syndrome (“GBS”) and/or
Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) that was caused in fact by the
flu vaccine. He further alleges that he experienced the residual effects of this condition(s) 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 suffered from GBS or CIDP; denies that the vaccine
caused petitioner’s alleged GBS or CIDP, or any other injury; and denies that his 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)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:

A lump sum of $235,000.00 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).

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 1 (a)(1), and an application, the parties will submit to further proceedings before

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the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this
petition.

10. Petitioner and his 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.

§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.

1]. 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 of 42 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 petitioner’s
individual capacity, and on behalf of petitioner’s 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

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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 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 December 30, 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 July 12, 2023, in the United States Court of Federal Claims as petition No. 23-1065V; 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 December 30, 2021, on its own or in combination with
the flu vaccination administered on December 30, 2021, caused or seriously aggravated the
injuries that were the subject of the petition for vaccine compensation filed on or about July 12,
2023, in the United States Court of Federal Claims as petition No. 23-1065V, including GBS
and/or CIDP, 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.? 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

? 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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upon proper notice 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 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. Allrights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.

END OF STIPULATION

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Respectfully submitted,

PETITIONER:

2008. 1.08 VOT WUTC 92H 10 WP

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AARON WOODARD

ATTORNEY OF RECORD FOR

PETITIONER:
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CAHTERINE COSTIGAN Vy, Lov el,

MCT LAW oh beball of

1310 G Street NW,
Suite 610

Washington, D.C, 20005
(202) 770-1311
ccostigan@mctlaw.com

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH
AND HUMAN SERVICES:

Jeffrey S. Sguuranetty

Beach -S/ ‘ossse-os00 _for

CAPT GEORGE REED GRIMES, 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: 12/1/2025

AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:

aicdhn Pe cr LA

HEATHER L, PEARLMAN
Deputy Director

Torts Branch, Civil Division
U.S. Department of Justice
P.O, Box 146

Benjamin Franklin Station
Washington, DC 20044-0146

ATTORNEY OF RECORD FOR
RESPONDENT:

Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146

Benjamin Franklin Station
Washington, DC 20044-0146
(202) 742-6376
madylan.|.yarc@usdoj.gov