VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01350 Package ID: USCOURTS-cofc-1_24-vv-01350 Petitioner: Leon Gulley Filed: 2024-08-29 Decided: 2026-01-05 Vaccine: influenza Vaccination date: 2023-10-23 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 35000 AI-assisted case summary: On August 29, 2024, Leon Gulley filed a petition alleging that an influenza vaccine administered on October 23, 2023 caused a shoulder injury related to vaccine administration. The stipulation also addresses a same-day COVID-19 vaccination and waiver of any related CICP claim. Respondent denied that Mr. Gulley sustained a Table SIRVA, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was vaccine-related. The public stipulation does not describe onset, treatment, imaging, therapy, injections, or functional limitations. The parties filed a joint stipulation on December 18, 2025. Chief Special Master Brian H. Corcoran adopted it on January 5, 2026 and awarded $35,000.00 through counsel's IOLTA account. Theory of causation field: Influenza vaccine October 23, 2023 allegedly causing SIRVA; same-day COVID vaccine referenced with CICP waiver; adult, exact age not stated; two concurrent vaccines reflected. COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and sequelae; public text lacks clinical chronology. Award $35,000. Chief SM Brian H. Corcoran; petition August 29, 2024; decision January 5, 2026. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01350-0 Date issued/filed: 2026-02-09 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 01/05/2026) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01350-UNJ Document 40 Filed 02/09/26 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1350V LEON GULLEY, Chief Special Master Corcoran Petitioner, v. Filed: January 5, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Beaulieu, Siri & Glimstad, LLP, Louisville, KY, for Petitioner. Madylan Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 29, 2024, Leon Gulley filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). The petition seeks compensation for injuries allegedly related to Petitioner’s receipt of an influenza (“flu”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on October 23, 2023. Petitioner alleges that he sustained a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table. Petitioner further alleges that he experienced the residual effects of this condition for more than six months. 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. 2National 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-01350-UNJ Document 40 Filed 02/09/26 Page 2 of 8 Respondent denies that Petitioner sustained a Table SIRVA injury; denies that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury. Nevertheless, on December 18, 2025, the parties filed the attached joint stipulation3 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 $35,000.00 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3In attaching the parties’ joint stipulation, I have omitted the last page –aDropbox Signform that includes personal information regarding Petitioner. 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 1:24-vv-01350-UNJ Document 40 Filed 02/09/26 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS LEON GULLEY, Petitioner. No. 24-l 350V Chief Special Master Brian H. Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. On August 29, 2024, Leon Gulley ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l 0 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. § I 00.3(a) 2. Petitioner received a flu vaccine on October 23. 2023.1 3. The vaccine was administered within the United States. 1 On October 23, 2023, 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. § I 00.3(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, 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). Doc ID: f6efd0a90e154d1 e375889441 acd8f5d30cbfc45 Case 1:24-vv-01350-UNJ Document 40 Filed 02/09/26 Page 4 of 8 4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration (''SIRVA") with in the time period set forth in the Table. He further alleges that he experienced the residual effects of th is 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 result of the alleged injury. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner·s alleged shoulder injury, or any other injury; and denies that his 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 tem,s of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)(I ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $35,000.00 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. § 300aap I 5(a). 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. § 300aap2 I (a)(l), and an application. the parties will submit to further proceedings before the special master to award reasonable anomeys' fees and costs incurred in proceeding upon this petition. 2 Doc 10: f6efd0a90e154d1e375889441acd8f5d30cbfc45 Case 1:24-vv-01350-UNJ Document 40 Filed 02/09/26 Page 5 of 8 I 0. 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-l 5(g), to the extentthat 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 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 unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of4 2 U.S.C. § 300aa-I 5{a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. Jn return for the payments described in paragraphs 8 and 9, petitioner. in petitioner's individual capacity, and on behalfofpetitioner·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 J Doc ID: ffiefd0a90e154d1e375889441acd8f5d30cbfc45 Case 1:24-vv-01350-UNJ Document 40 Filed 02/09/26 Page 6 of 8 petitioner resulting from. or that may be alleged to have resulted from, the vaccinations administered on October 23, 2023, 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 August 29, 2024, in the United States Court of Federal Claims as petition No. 24-l 350V; and (b) waives any and all rights to any compensation that may be available under the Countenneasures 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 23, 2023, on its own or in combination with the flu vaccination also administered on October 23, 2023, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about August 29. 2024, in the United States Court of Federal Claims as petition 24-1350V, including a SIRVA, for which petitioner will receive compensation pursuant to th is Stipulation. If petitioner has such a claim currently pending with the CJCP, petitioner hereby withdraws such claim for compensation in the CJCP.2 If no claim for compensation has been filed in the CJCP 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 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 Doc ID: f6efd0a90e154d 1e 375889441acd8f5d30cbfc45 Case 1:24-vv-01350-UNJ Document 40 Filed 02/09/26 Page 7 of 8 decision that is in complete confonnity 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 Hea Ith and Human Services that the flu vaccine caused petitioner's alleged injury or any other injury or petitioner's current disabilities. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I 5 Doc ID: f6efd0a90e154d 1e 375889441 acd8f5d30cbfc45 Case 1:24-vv-01350-UNJ Document 40 Filed 02/09/26 Page 8 of 8 Respectfully submitted, PETITIONER: LEON GULLEY ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ,-4-'.iiCNLA\tt.~~ JO EAULIEU HEATHER L. PEARLMAN I & GLIMSTAD LLP Deputy Director IO I North Seventh Street, #827 Torts Branch Louisville, KY 40202 Civil Division (509) 822-2463 U.S. Department of Justice jbeaulieu@sirillp.com P.O. Box. 146 Benjamin Franklin Station Washington, DC20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: s. Jeffrey ~~t;9"ed by Jeffrey Beach -S ~~~025.11.2514:29:38 for CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Compensation Programs Torts ranc 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 5600 Fishers Lane, 14W-l 8 (202) 742-6376 Rockville, MD 20857 madylan.l.yarc@usdoj.gov 2 Dated: I /J'o/2.p2S r I 6 Doc ID: f'6ef