VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01131 Package ID: USCOURTS-cofc-1_24-vv-01131 Petitioner: Jamie Overby Filed: 2024-07-25 Decided: 2025-10-27 Vaccine: tetanus, diphtheria, and acellular pertussis (Tdap) Vaccination date: 2021-07-29 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: On July 25, 2024, Jamie Overby filed a petition alleging that a Tdap vaccine administered in her right arm on July 29, 2021 caused a right shoulder injury related to vaccine administration. The public stipulation also notes prior COVID-19 vaccines administered in her left arm on May 11 and June 8, 2021. Respondent denied that Ms. Overby sustained a Table SIRVA, denied vaccine causation, and denied vaccine-related sequelae. The public stipulation does not describe her onset narrative, imaging, therapy, injections, or functional limitations. The parties resolved the case by stipulation. On October 27, 2025, Chief Special Master Brian H. Corcoran adopted the stipulation and awarded $50,000.00 as a lump sum through counsel's IOLTA account. Theory of causation field: Tdap vaccine July 29, 2021 allegedly causing right SIRVA; adult, exact age not stated. COMPENSATED by stipulation. Public text notes prior COVID-19 vaccines in left arm; respondent denied Table SIRVA, causation, and sequelae; clinical facts are otherwise limited. Award $50,000. Chief SM Brian H. Corcoran; petition July 25, 2024; decision October 27, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01131-0 Date issued/filed: 2025-12-02 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 10/27/2025) regarding 30 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01131-UNJ Document 37 Filed 12/02/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1131V JAMIE OVERBY, Chief Special Master Corcoran Petitioner, v. Filed: October 27, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On July 25, 2024, Jamie Overby filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). She filed an amended petition with additional details and medical records citations on March 6, 2025. ECF No. 10. Petitioner alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, after receiving a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on July 29, 2021. Amended Petition at 1, ¶¶ 1, 34; Stipulation, filed Oct. 27, 2025, ¶¶ 1-2, 4. Petitioner further alleged that she received the vaccine within the United States, that she suffered the residual effects of the SIRVA for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA, alleged as vaccine caused. Petition at ¶¶ 1, 32-33; Stipulation ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged right 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-01131-UNJ Document 37 Filed 12/02/25 Page 2 of 8 shoulder injury, or any other injury; and denies that [P]etitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on October 27, 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 $50,000.00, 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.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-01131-UNJ Document 37 Filed 12/02/25 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JAMIE OVERBY, Petitioner, No. 24-1131 V (ECF) v. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Jamie Overby, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the tetanus diphtheria acellular pertussis ("Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received a Tdap vaccine on July 29, 2021 in the right arm.1 3. The vaccination was administered within the United States. 4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine administration ("SIRVA") as set forth in the Table. Petitioner further alleges that petitioner 1 On May 11, 2021 and June 8, 2021, petitioner received COVID-19 vaccines in the left arm. Vaccines against COVID-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-l 4 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. §§ 24 7d-6d, 24 7d-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). Case 1:24-vv-01131-UNJ Document 37 Filed 12/02/25 Page 4 of 8 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 petitioner's behalf as a resu It of petitioner's condition. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged right shoulder injury, 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: A lump sum of $50,000.00, to be paid through an ACH deposit to petitioner's counsel's IOL TA account for prompt disbursement to petitioner, Jamie Overby. 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 l (a)(!), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs inctmed in proceeding upon th is 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 2 Case 1:24-vv-01131-UNJ Document 37 Filed 12/02/25 Page 5 of 8 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. I I. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa l 5(i), subject to the availability of sufficient statutory funds. I 2. 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 petitioner's benefit as contemplated by a strict construction of 42 U.S.C. §§ 300aa-l 5(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 Compensation Program, 42 U.S.C. § 300aa-10 et seq., (i) 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 vaccination administered on July 29, 2021 and (ii) that petitioner has had, now has. or hereafter may have 3 Case 1:24-vv-01131-UNJ Document 37 Filed 12/02/25 Page 6 of 8 with respect to the injury that gave rise to the petition for vaccine compensation filed on or about July 25, 2024, in the United States Court of Federal Claims as petition No. 24-1131 V; 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. § 24 7d-6d(d)), for a claim alleging that a covered countermeasure, including the COVID-19 vaccinations administered on May 11, 2021 and June 8, 2021, on their own or in combination with the Tdap vaccination administered on July 29, 2021 , caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about July 25, 2024, in the United States Court of Federal Claims as petition 24-1131 V, including a right-sided SIRVA, 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 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. 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-01131-UNJ Document 37 Filed 12/02/25 Page 7 of 8 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 Service that the Tdap vaccine caused petitioner's alleged injury or any other injury or petitioner's 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-01131-UNJ Document 37 Filed 12/02/25 Page 8 of 8 Respectfully submitted, ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR P TITIONER: OF THE ATTORNEY GENERAL: ~~~2~ HEATHER L. PEARLMAN Ho e Law, P.C. Deputy Director 2608 Hibernia Street Torts Branch Dallas, TX 75204 Civil Division (214) 622-6340 U.S. Department of Justice jhowie@howielaw.net P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRET ARY OF HEAL TH RESPONDENT: AND HUMAN SERVICES: Jeffreys. Digitally signed by Jeffreys. Beach -s Be ac h -S _ Date: 2025.10.22 for 13:43:30-04'00' CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5 600 Fishers Lane, 14 W-18 (202) 305-1159 Rockville, MD 20857 Naseem.Kourosh@usdoj.gov 1~1 [ \0 w~S Dated: 6 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01131-cl-extra-11212716 Date issued/filed: 2025-12-02 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10746131 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1131V JAMIE OVERBY, Chief Special Master Corcoran Petitioner, v. Filed: October 27, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On July 25, 2024, Jamie Overby filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). She filed an amended petition with additional details and medical records citations on March 6, 2025. ECF No. 10. Petitioner alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, after receiving a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on July 29, 2021. Amended Petition at 1, ¶¶ 1, 34; Stipulation, filed Oct. 27, 2025, ¶¶ 1-2, 4. Petitioner further alleged that she received the vaccine within the United States, that she suffered the residual effects of the SIRVA for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA, alleged as vaccine caused. Petition at ¶¶ 1, 32-33; Stipulation ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged right 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). shoulder injury, or any other injury; and denies that [P]etitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on October 27, 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 $50,000.00, 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.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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JAMIE OVERBY, Petitioner, No. 24-1131 V (ECF) v. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Jamie Overby, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the tetanus diphtheria acellular pertussis ("Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received a Tdap vaccine on July 29, 2021 in the right arm. 1 3. The vaccination was administered within the United States. 4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine administration (" SIRVA") as set forth in the Table. Petitioner further alleges that petitioner 1 On May 11, 2021 and June 8, 2021 , petitioner received COVID-19 vaccines in the left arm. Vaccines against COVID-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-l 4 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. §§ 24 7d-6d , 24 7d-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). 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 petitioner' s behalf as a resu It of petitioner's condition . 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner' s alleged right shoulder injury, 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 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 $50,000.00 , to be paid through an ACH deposit to petitioner' s counsel's IOL TA account for prompt disbursement to petitioner, Jamie Overby. 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 l (a)(!), and an application , the parties will submit to further proceedings before the special master to award reasonable attorneys ' fees and costs inctmed in proceeding upon th is 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 2 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. I I. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa- l 5(i), subject to the availability of sufficient statutory funds. I 2. 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 petitioner' s benefit as contemplated by a strict construction of 42 U.S.C. §§ 300aa-l 5(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 Compensation Program, 42 U.S.C. § 300aa-10 et seq., (i) 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 vaccination administered on July 29 , 2021 and (ii) that petitioner has had , now has. or hereafter may have 3 with respect to the injury that gave rise to the petition for vaccine compensation filed on or about July 25 , 2024, in the United States Court of Federal Claims as petition No . 24-1131 V; 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 . § 24 7d-6d(d)), for a claim alleging that a covered countermeasure, including the COVID-19 vaccinations administered on May 11 , 2021 and June 8, 2021, on their own or in combination with the Tdap vaccination administered on July 29 , 2021 , caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about July 25 , 2024 , in the United States Court of Federal Claims as petition 24-1131 V, including a right-sided SIRVA, 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 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. 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 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 Service that the Tdap vaccine caused petitioner' s alleged injury or any other injury or petitioner' s 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 Respectfully submitted, ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR P TITIONER: OF THE ATTORNEY GENERAL: ~~~2~ HEATHER L. PEARLMAN Ho e Law, P.C. Deputy Director 2608 Hibernia Street Torts Branch Dallas, TX 75204 Civil Division (2 14) 622-6340 U.S. Department of Ju stice jhowie@howielaw.net P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffreys. Digitally signed by Jeffreys. Beach -s Date: 2025.10.22 Beac h -S _ 13:43:30-04'00' for CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civ il Division Health Resources and Services U.S. Department of Ju stice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0 146 5 600 Fishers Lane, 14 W-18 (202) 305-1159 Rockville, MD 20857 Naseem.Kourosh@usdoj.gov Dated: \0 1~1 [w~S 6 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-01131-cl-extra-11244648 Date issued/filed: 2026-01-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10778048 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1131V JAMIE OVERBY, Chief Special Master Corcoran Petitioner, Filed: December 19, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On July 25, 2024, Jamie Overby 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 she suffered a shoulder injury related to vaccine administration following a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on July 29, 2021. Petition, ECF No. 1. On October 27, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 30. 1Because 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). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $47,757.29 (representing $45,920.30 in fees plus $1,836.99 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed November 10, 2025, ECF No. 34. Furthermore, Petitioner filed a signed statement that no personal out-of-pocket expenses were incurred. ECF No. 34-4 at 1. Respondent reacted to the motion on November 14, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Response at 2, 4. ECF No. 35. Also, on November 14, 2025, Petitioner indicated that she does not intend to file a substantive reply. ECF No. 36. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through 2025 are reasonable and consistent with our prior determinations and will therefore be awarded herein. And all time billed to the matter was reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 34-3 at 1-55. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $47,757.29 (representing $45,920.30 in fees plus $1,836.99 in costs) to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2