1:25-vv-00110•HOLMES v. SECRETARY OF HEALTH AND HUMAN SERVICES
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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
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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
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