Sn the Guited States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-1784V ROBERT NEWELL, Chief Special Master Corcoran Petitioner, Filed: December 22, 2025
V.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
John Beaulieu, Siri & Glimstad, LLP, New York, NY, for Petitioner. Rochelle Ilana Gillenson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION’
On October 11, 2023, Robert Newell filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.* (the “Vaccine Act’). Petitioner alleges that he suffered a Table injury - Guillain-Barré syndrome (“GBS”) as a result of the administration of an influenza (“flu”) vaccine on October 12, 2022. Petition at 1; Stipulation, filed December 22, 2025, at Jf] 1-2, 4. Petitioner further alleges that he received the vaccine in the United States, that he suffered the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. Stipulation at J] 3-5; see Petition at ff] 4, 26-27. “Respondent denies that [P]etitioner sustained a GBS Table injury; denies that the flu vaccine caused in fact or significantly aggravated [Petitioner's alleged GBS; and denies that the flu vaccine caused [P]etitioner any other injury or [P]etitioner’s current condition.” Stipulation at J 6.
’ 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:/Awww.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, | agree that the identified material fits within this definition, | 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). Nevertheless, on December 22, 2025, the parties filed the attached joint stipulation,* stating that a decision should be entered awarding compensation. | find the 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, | award the following compensation:
A lump sum of $120,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at J 8. This amount represents compensation for all items of damages that would be available under Section 15(a). /d.
| 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 1S SO ORDERED.
s/Brian H. Corcoran Brian H. Corcoran Chief Special Master
3 The “Dropbox Sign” “Audit trail” form attached to the parties’ Stipulation at page 7 is omitted from the attached copy of the parties’ Stipulation.
* 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. IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
ROBERT NEWELL,
Petitioner, No. 23-1 784V
Chief Special Master Corcoran
v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Robert Newell (“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 12, 2022.!
3, The vaccine was administered within the United States.
' On October 12, 2022, petitioner also 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).
Doc ID: 21861d2589d21cba266816che6a784afa00ISbat 4. Petitioner alleges that he developed Guillain-Barré syndrome (“GBS”) within the time period set forth in the Table. Petitioner further alleges that he suffered the residual effects of the 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 petitioner's behalf as a result of the alleged injury.
6. Respondent denies that petitioner sustained a GBS Table injury; denies that the flu vaccine caused in fact or significantly aggravated petitioner's alleged GBS; and denies that the flu vaccine caused petitioner any other injury or petitioner’s current condition.
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 Hurnan Services will issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a):
A lump sum of $120,000.00 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-1 5(a).
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Sn the Guited States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-1784V ROBERT NEWELL, Chief Special Master Corcoran Petitioner, Filed: December 22, 2025
V.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
John Beaulieu, Siri & Glimstad, LLP, New York, NY, for Petitioner. Rochelle Ilana Gillenson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION’
On October 11, 2023, Robert Newell filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.* (the “Vaccine Act’). Petitioner alleges that he suffered a Table injury - Guillain-Barré syndrome (“GBS”) as a result of the administration of an influenza (“flu”) vaccine on October 12, 2022. Petition at 1; Stipulation, filed December 22, 2025, at Jf] 1-2, 4. Petitioner further alleges that he received the vaccine in the United States, that he suffered the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. Stipulation at J] 3-5; see Petition at ff] 4, 26-27. “Respondent denies that [P]etitioner sustained a GBS Table injury; denies that the flu vaccine caused in fact or significantly aggravated [Petitioner's alleged GBS; and denies that the flu vaccine caused [P]etitioner any other injury or [P]etitioner’s current condition.” Stipulation at J 6.
’ 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:/Awww.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, | agree that the identified material fits within this definition, | 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). Nevertheless, on December 22, 2025, the parties filed the attached joint stipulation,* stating that a decision should be entered awarding compensation. | find the 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, | award the following compensation:
A lump sum of $120,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at J 8. This amount represents compensation for all items of damages that would be available under Section 15(a). /d.
| 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 1S SO ORDERED.
s/Brian H. Corcoran Brian H. Corcoran Chief Special Master
3 The “Dropbox Sign” “Audit trail” form attached to the parties’ Stipulation at page 7 is omitted from the attached copy of the parties’ Stipulation.
* 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. IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
ROBERT NEWELL,
Petitioner, No. 23-1 784V
Chief Special Master Corcoran
v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Robert Newell (“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 12, 2022.!
3, The vaccine was administered within the United States.
' On October 12, 2022, petitioner also 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).
Doc ID: 21861d2589d21cba266816che6a784afa00ISbat 4. Petitioner alleges that he developed Guillain-Barré syndrome (“GBS”) within the time period set forth in the Table. Petitioner further alleges that he suffered the residual effects of the 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 petitioner's behalf as a result of the alleged injury.
6. Respondent denies that petitioner sustained a GBS Table injury; denies that the flu vaccine caused in fact or significantly aggravated petitioner's alleged GBS; and denies that the flu vaccine caused petitioner any other injury or petitioner’s current condition.
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 Hurnan Services will issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a):
A lump sum of $120,000.00 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-1 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!(a)(1), and an application, the parties will submit to further proceedings before
Doc ID: 21861d2589d21cBa266Bf8c8e6a7 84afad0fSbat the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this petition.
10. Petitioner and petitioner's 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.
il. 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 attorney’s fees and litigation costs, and past unreimbursed 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
hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury
Doc ID: 21861d2589d21c8a2668fbc8aba7 B4afa00fSba1 Compensation Program, 42 U.S.C. § 300aa-10 et seq., (1) 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 October 12, 2022, 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 October | 1, 2023, in the United States Court of Federal Claims as petition No. 23-1784V; 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 October 12, 2022, on its own or in combination with the flu vaccination administered on October |2, 2022, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about October 11, 2023, in the United States Court of Federal Claims as petition No. 23-1784V, including GBS, 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 shouid die prior to entry of judgment, this agreement shall be voidabie
upon proper notice to the Court on behalf of either or both of the parties.
* 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.
Doc ID: 21861d2589d21 cBba2668f8c8e6a784afa00fSbal 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 GBS or any other injury or petitioner’s current condition, 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
Doc iD: 21861d2589d2 1 c8a2668facbeGa/B4afa00fSbat Respectfully submitted,
PETITIONER:
Robert Newell
ROBERT NEWELL
ATTORNEY OF RECORD FOR PETITIONER:
JOBW BEAULIEU
Siri & Glimstad LLP
101 North Seventh Street, #827 Louisville, KY 40202
(509) 822-2463 jbeaulieu@sirillp.com
AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF HEALTH AND HUMAN SERVICES:
Jeffrey S . eee soned by Jeffrey Beach -S Date: 2025:11.21 113259
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: (2-/22/ C02
AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL:
£? 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:
ROCHELLE I. GILLENSON Trial Attorney
Torts Branch
Civil Division
U.S. Department of Justice P.O. Box 146
Benjamin Franklin Station Washington, DC 20044-0146 (202) 616-4267 rochelle.gillenson(@usdoj.gov
Doc ID: 21861d2589d21c8a2668f8c8e6a784afa00f5ba