Eurey v. Secretary of Health and Human Services
CourtUnited States Court of Federal Claims
Date FiledJuly 28, 2026
Docket23-1590V
JudgeChristian J. Moran
StatusPublished
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Full Opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
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TRACY EUREY, * No. 23-1590V
*
Petitioner, * Special Master Christian J. Moran
v. * Filed: June 30, 2026
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
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Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner;
Jay Travis Williamson, United States Depโt of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION 1
On June 16, 2026, the parties filed a joint stipulation concerning the petition for
compensation filed by Tracy Eurey on September 14, 2023. Petitioner alleged that the influenza
("flu") vaccine she received on October 27, 2020, which is contained in the Vaccine Injury Table
(the "Table"), 42 C.F.R. ยง 100.3(a), caused or significantly aggravated her neuromyelitis optica
spectrum disorder ("NMOSD"). Petitioner further alleged that she experienced the residual
effects of the condition for more than six months. Petitioner represents that there has been no
prior award or settlement of a civil action for damages on her behalf as a result of the alleged
injury.
Respondent denies that the flu vaccine caused or significantly aggravated petitioner's
alleged NMOSD, or any other injury or petitioner's current condition, or that petitioner suffered
an injury contained in the Vaccine Injury Table. Nevertheless, the parties agree to the joint
stipulation, attached hereto. The undersigned finds the stipulation reasonable and adopts it as the
decision of the Court in awarding damages on the terms set forth therein.
Damages awarded in that stipulation include:
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. ยง 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), the
parties have 14 days to identify and move to redact medical or other information, the disclosure of which would
constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website.
1
a. A lump sum of $206,057.46 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. ยง
300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the Clerk is
directed to enter judgment according to this decision and the attached stipulation. 2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2
Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.
2