Bovard v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: July 10, 2025
• Docket: 22-0703V
• Status: Published

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

************************* RANDI BOVARD, * No. 22-703V * * Petitioner, * Special Master Christian J. Moran * v. * * Filed: June 17, 2025 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ************************* Mark Theodore Sadaka, Law Office of Sadaka Associates, LLC, Englewood, NJ, for Petitioner; Ryan Daniel Pyles, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION 1

On June 16, 2025, the parties filed a joint stipulation concerning the petition for compensation filed by Randi Bovard on June 23, 2022. Petitioner alleged that the influenza (“flu”) vaccine she received on September 5, 2020, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused Ms. Bovard to suffer from necrosis of the subcutaneous fat in her left deltoid and an indentation in her arm caused by the necrosis. Medical records characterize petitioner’s claimed injury as lipodystrophy. Petitioner represents that there has

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), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. been no prior award or settlement of a civil action for damages on Ms. Bovard’s behalf as a result of Ms. Bovard’s condition.

Respondent denies that Ms. Bovard’s flu vaccination caused or significantly aggravated Ms. Bovard’s alleged injury to her left upper extremity and/or any other injury, including lipodystrophy. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

A lump sum of $40,000.00 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) for injuries allegedly related to petitioner’s receipt of the flu vaccine. In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2

IT IS SO ORDERED.

s/Christian J. Moran Christian J. Moran Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.