VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02047 Package ID: USCOURTS-cofc-1_21-vv-02047 Petitioner: Jack Covert Filed: 2021-10-20 Decided: 2025-10-17 Vaccine: influenza Vaccination date: 2018-10-30 Condition: Guillain-Barre syndrome; death claim not proven Outcome: compensated Award amount USD: 190000 AI-assisted case summary: On October 20, 2021, Sharon Diane Covert, as personal representative of the Estate of her deceased husband, Jack Covert, filed a petition alleging that an influenza vaccine administered in October 2018 caused Guillain-Barre syndrome and death. Respondent conceded entitlement for a Table GBS injury after seasonal influenza vaccination, and Chief Special Master Brian H. Corcoran found entitlement on that basis. The death portion of the case was not compensated: petitioner clarified that proof was insufficient to establish that the vaccine caused Mr. Covert's death, and the death claim was dismissed. The public entitlement and stipulation documents do not describe the neurologic onset, hospitalization, treatment, residual deficits, or death circumstances. The parties later resolved damages by stipulation. On October 17, 2025, Chief Special Master Corcoran awarded $190,000.00 as a lump sum to the estate for the compensated GBS claim. Theory of causation field: Influenza vaccine October 30, 2018 allegedly causing Table GBS and death; adult/deceased, exact age and date of death not stated. ENTITLEMENT CONCEDED for GBS only; death claim dismissed/not proven; COMPENSATED. Public documents lack neurologic and death chronology. Award $190,000 lump sum to estate/petitioner. Chief SM Brian H. Corcoran; petitioner Sharon Diane Covert as personal representative; petition October 20, 2021; entitlement May 9, 2024; damages October 17, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02047-0 Date issued/filed: 2024-06-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/09/2024) regarding 26 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02047-UNJ Document 29 Filed 06/17/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2047V SHARON DIANE COVERT, as Chief Special Master Corcoran personal representative of ESTATE OF JACK COVERT, Filed: May 9, 2024 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Eric Glen Zajac, Zajac & Padilla, LLC, Ardmore, PA, for Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 20, 2021, Sharon Diane Covert, as the wife and personal representative of the estate of Jack Covert, (“Petitioner”) 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 alleged that Jack Covert suffered Guillain-Barré Syndrome (“GBS”) and death, a defined Table injury or caused-in-fact injury, after receiving an influenza (“flu”) vaccine on October 31, 2018. Petition at 1 ¶¶ 3, 19, 21. Petitioner also alleged that Mr. Covert received the flu vaccine within the United States, that Mr. Covert 1 Because this Ruling 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 Ruling 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). Case 1:21-vv-02047-UNJ Document 29 Filed 06/17/24 Page 2 of 2 suffered death and the residual effects of his GBS illness for more than six months, and that neither Petitioner nor any other party has filed a civil action or received compensation for Mr. Covert’s injury, alleged as vaccine-related. Id. at ¶¶ 3, 20-23. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 17, 2023, Respondent filed his Rule 4(c) Report in which he concedes that Petitioner is entitled to compensation in this case for Mr. Covert’s GBS illness only. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent believes “that [P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and Qualifications and Aids to Interpretation (“QAI”).” Id. at 11. He maintains, however, that Petitioner’s claim related to Mr. Covert’s death should be dismissed. Id. at 1. In a response, filed on October 13, 2023, Petitioner states that she “does not object to Respondent’s position that Petitioner is entitled to compensation for Mr. Covert’s GBS Table Injury . . . but clarifies that the dismissal of the death claim is because the evidence is insufficient to meet the burden of proof that Petitioner’s death was caused by the vaccine.” ECF No 24. In email correspondence, Petitioner’s counsel confirmed that Petitioner had no objection to a ruling on entitlement finding only Mr. Covert’s GBS illness to be vaccine-related. See Informal Remark, dated May 7, 2024. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-02047-cl-extra-10735007 Date issued/filed: 2024-06-17 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268417 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2047V SHARON DIANE COVERT, as Chief Special Master Corcoran personal representative of ESTATE OF JACK COVERT, Filed: May 9, 2024 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Eric Glen Zajac, Zajac & Padilla, LLC, Ardmore, PA, for Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 20, 2021, Sharon Diane Covert, as the wife and personal representative of the estate of Jack Covert, (“Petitioner”) 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 alleged that Jack Covert suffered Guillain-Barré Syndrome (“GBS”) and death, a defined Table injury or caused-in-fact injury, after receiving an influenza (“flu”) vaccine on October 31, 2018. Petition at 1 ¶¶ 3, 19, 21. Petitioner also alleged that Mr. Covert received the flu vaccine within the United States, that Mr. Covert 1 Because this Ruling 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 Ruling 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). suffered death and the residual effects of his GBS illness for more than six months, and that neither Petitioner nor any other party has filed a civil action or received compensation for Mr. Covert’s injury, alleged as vaccine-related. Id. at ¶¶ 3, 20-23. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 17, 2023, Respondent filed his Rule 4(c) Report in which he concedes that Petitioner is entitled to compensation in this case for Mr. Covert’s GBS illness only. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent believes “that [P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and Qualifications and Aids to Interpretation (“QAI”).” Id. at 11. He maintains, however, that Petitioner’s claim related to Mr. Covert’s death should be dismissed. Id. at 1. In a response, filed on October 13, 2023, Petitioner states that she “does not object to Respondent’s position that Petitioner is entitled to compensation for Mr. Covert’s GBS Table Injury . . . but clarifies that the dismissal of the death claim is because the evidence is insufficient to meet the burden of proof that Petitioner’s death was caused by the vaccine.” ECF No 24. In email correspondence, Petitioner’s counsel confirmed that Petitioner had no objection to a ruling on entitlement finding only Mr. Covert’s GBS illness to be vaccine-related. See Informal Remark, dated May 7, 2024. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-02047-1 Date issued/filed: 2025-11-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/17/2025) regarding 43 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (ksb) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02047-UNJ Document 44 Filed 11/14/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2047V Filed: October 17, 2025 SHARON DIANE COVERT, as personal representative of ESTATE OF JACK COVERT, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Eric Glen Zajac, Zajac & Padilla, LLC, Ardmore, PA, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On October 20, 2021, petitioner filed a petition on behalf of her deceased husband, Jack Covert, for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (“Vaccine Act”). Petitioner alleges that Mr. Covert suffered from Guillain-Barré Syndrome (“GBS”) as a result of his October 30, 2018 influenza (“flu”) vaccination.3 Amended Petition at 1; Stipulation, filed October 17, 2025, at ¶¶ 1-2. Petitioner further alleges that Mr. Covert experienced the residual effects or complications of his condition for more than six months, that there 1 Because this document 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 document 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 3 The petition also sought compensation for Mr. Covert’s death, which petitioner alleged was “caused-in- fact by complications of his October 30, 2018 trivalent influenza vaccine.” Amended Petition at 1, 4. However, respondent filed a Rule 4(c) Report, conceding entitlement for Mr. Covert’s GBS only (ECF No. 23, p. 1), and petitioner did not object to a ruling on entitlement based solely on Mr. Covert’s GBS Table Injury (ECF No. 24, p. 1; ECF No. 26, p. 2; 2024 WL 3026913). Case 1:21-vv-02047-UNJ Document 44 Filed 11/14/25 Page 2 of 7 has been no prior award or settlement of a civil action for damages as a result of his condition, and that his vaccine was administered in the United States. Amended Petition at 2, 4; Stipulation at ¶¶ 3, 5, 7. On October 17, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. Specifically, the parties stipulate that “Mr. Covert sustained the first symptom or manifestation of the onset of Guillain Barré Syndrome (‘GBS’) within the time period set forth in the Table,” that “[t]here is not a preponderance of evidence demonstrating that Mr. Covert’s GBS is due to a factor unrelated to his October 30, 2018 flu vaccination,” and that “petitioner, as legal representative of Mr. Covert’s estate, is entitled to compensation under the terms of the Vaccine program.” Stipulation at ¶¶ 4, 6, 8. I find the stipulation reasonable and adopt it as the decision of the Court in 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 $190,000.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt distribution to petitioner as legal representative of the estate of Jack Covert. Stipulation at ¶ 9. This amount represents compensation for all damages that would be available under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner 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. 2 Case 1:21-vv-02047-UNJ Document 44 Filed 11/14/25 Page 3 of 7 Case 1:21-vv-02047-UNJ Document 44 Filed 11/14/25 Page 4 of 7 Case 1:21-vv-02047-UNJ Document 44 Filed 11/14/25 Page 5 of 7 Case 1:21-vv-02047-UNJ Document 44 Filed 11/14/25 Page 6 of 7 Case 1:21-vv-02047-UNJ Document 44 Filed 11/14/25 Page 7 of 7