VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00720 Package ID: USCOURTS-cofc-1_24-vv-00720 Petitioner: James O'Dell Filed: 2024-05-08 Decided: 2025-12-19 Vaccine: influenza Vaccination date: 2021-10-13 Condition: Guillain-Barre syndrome Outcome: compensated Award amount USD: 130000 AI-assisted case summary: On May 8, 2024, James O'Dell filed a petition alleging that an influenza vaccine administered on October 13, 2021 caused Guillain-Barre syndrome. Respondent denied that Mr. O'Dell sustained a Table injury, denied that the flu vaccine caused his GBS or any other injury, and denied that his current condition was vaccine-related. The public stipulation does not describe onset, diagnostic testing, hospitalization, IVIG or plasma exchange, rehabilitation, or residual limitations. The parties settled by stipulation. On December 19, 2025, Special Master Nora Beth Dorsey adopted the stipulation and awarded Mr. O'Dell $130,000.00 as a lump sum through counsel's IOLTA account. Theory of causation field: Influenza vaccine October 13, 2021 allegedly causing GBS; adult, exact age not stated. COMPENSATED by stipulation. Respondent denied Table injury, causation, and sequelae; public stipulation lacks neurologic chronology. Award $130,000 lump sum. SM Nora Beth Dorsey; petition May 8, 2024; decision December 19, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00720-0 Date issued/filed: 2026-01-27 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 12/19/2025 ) regarding 32 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00720-UNJ Document 36 Filed 01/27/26 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-720V JAMES O’DELL, Chief Special Master Corcoran Petitioner, v. Filed: December 19, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On May 8, 2024, James O’Dell filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On October 13, 2021, Petitioner received an influenza (“flu”) vaccine, a vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that he suffered from Guillain-Barré syndrome (“GBS”) as defined in the Table; he further alleges that the vaccine caused his alleged injury, and that he suffered the residual effects of his alleged injury for more than six months. Respondent denies that Petitioner sustained a Table injury; denies that the vaccine caused Petitioner’s alleged GBS, or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury. 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). Case 1:24-vv-00720-UNJ Document 36 Filed 01/27/26 Page 2 of 8 Nevertheless, on December 18, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I 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, I award the following compensation: A lump sum of $130,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation ¶ 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.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 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 1:24-vv-00720-UNJ Document 36 Filed 01/27/26 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JAMES O'DELL, Petitioner, No. 24-720V Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. James O'Dell ("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 vaccine ("flu"), 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 13, 2021. 1 3. The vaccine was administered within the United States. 1 On October 14, 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 (4 2 U.S.C. § § 24 7 d-6d, 24 7 d-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). 1 Case 1:24-vv-00720-UNJ Document 36 Filed 01/27/26 Page 4 of 8 4. Petitioner alleges that he developed Guillain-Barre Syndrome ("GBS") due to his flu vaccine within the time period set forth in the Table. He further alleges that he experienced the residual effects of this condition 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 sustained a Table injury; denies that the vaccine caused petitioner's alleged OBS, or any other injury; and denies that petitioner's 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 ofj udgment 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 representing compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a): A lump sum of $130,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. 9. As soon as practicable after the entry ofj udgment 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-21 (a)(l), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 2 Case 1:24-vv-00720-UNJ Document 36 Filed 01/27/26 Page 5 of 8 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-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. § 13 96 et seq.)), or by entities that provide health services on a pre-paid basis. 11. 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 of42 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 his individual capacity, and on behalf of his 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 Compensation Program, 42 U.S.C. § 300aa-10 et seq., (i) on account of, or in any way growing out of, any and 3 Case 1:24-vv-00720-UNJ Document 36 Filed 01/27/26 Page 6 of 8 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 13 and 14, 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 May 8, 2024, in the United States Court of Federal Claims as petition No. 24-720V; 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 14, 2021, on its own or in combination with the flu vaccination administered on October 13, 2021, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about May 8, 2024, in the United States Court of Federal Claims as petition 24-720V, 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. 2 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 upon proper notice to the Court on behalf of either or both of the parties. 15. If the Chief Special Master fails to issue a decision in complete conformity with the 2 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 Case 1:24-vv-00720-UNJ Document 36 Filed 01/27/26 Page 7 of 8 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. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 5 Case 1:24-vv-00720-UNJ Document 36 Filed 01/27/26 Page 8 of 8 A·rroRNJ:Y ()fi' RECORD F'Ol{ Al:THORTZEO PE'flTlONER: HEP1u:s1-:N'l'ATIVE Of' Tftf: ATTORNF..Y GE~ERAL: ~~ '"· Jtg£L ~~fa~ l-) RONALD C. llO~·fff! /211'lt ~3. I {t ){ CON\VA Y HO?vff.R. PC Deputy Dirr:l'.tm 16 .]1awmut Street Tmi!':. Branch Uost(Hl, ~'lA 021 l 6 Civii Division Tel: 617-695-5247 lLS. Deparlt u:nt of Justice E-nrn.iJ: riwm('f·rt cc~1ndh.cnm P.O. Box l 46 lknr min Fnmklm Stat'(>t'l Washinr;ton. DC 20044-0146 AUTllOtllZE,D RE.,R£Sli:NTATIVE ATTORNEY 01'" RECORI) FOR OF THE SECRETARY (ff HEALTH IU:SPONOENT: ANO HlJMAN S.ERVICES: Jeffrey S. l}.igil" 11 Y~ 1ll!db)• ~ ° ' - ~ -s. J~y S. 6t-3'h -S Beach D-4~: 2025.l US 14:32.~ ___ w,.,. --OS'OO' fOf CA.Pl UEORGF RF'f.D GRHVfF.S, :vtD, ~:1PH LU~A1 ·oR A. H,.\1\SON Di:·-ec;t(H". Division u I' [njury Trfal Allorncy Comp~-:nsa fon Prog: ams Torts Br,; uch ! knlth Systems B m.w.t Ctvil Divi~kH1 He.uhri Rc~ourccs nnd :-ervkes L"·. D"pimment ut' Jwaice .-\dminisrrntion P.O. Rox 146 U ..~ . D~p;j_fl.menl of Health Bcnjamtn Franklin Statjon and Human Services \Va;3hi.11gton. DC 20044-01-46 5600 Fishers Lane. 14 \Vw 18 T d: (202) 305-1 l !O Rockvil~.Mfl 20R57 f.>maH: Beanor.Hanson(q::usdoj .gov 6