Florida Woman Sues HHS Over Denied COVID-19 Vaccine Injury Compensation

A Florida woman has taken legal action against the U.S. Department of Health and Human Services over COVID-19 vaccine compensation rules. Jeanne Materese filed a lawsuit on February 2, 2023, arguing that the COVID-19 vaccine should have been added to the Vaccine Injury Table years ago.

The case, brought in a federal court in Fort Myers, centres on her inability to seek compensation under a long-standing U.S. programme for vaccine-related injuries.

Materese claims she suffered a severe platelet and blood clotting disorder after receiving a COVID-19 vaccine in August 2021. Under the National Childhood Vaccine Injury Act of 1986 (VICP), individuals harmed by listed vaccines can file for compensation without lengthy litigation. However, the COVID-19 vaccine remains excluded from the programme's official Vaccine Injury Table.

In November 2022, she formally notified Secretary Robert F. Kennedy Jr. of his alleged failure to include the vaccine in the table. The lawsuit now demands a court order forcing Kennedy to add it. Her legal team, from the Sarasota-based firm mctlaw, argues that the COVID-19 vaccine should have been included by 2021—two years after its routine recommendation for children began.

The VICP was designed to provide fast, fair compensation for vaccine injuries. But current CDC guidelines, as of early 2026, no longer classify COVID-19 vaccines as a core childhood immunisation. Instead, they fall under 'shared clinical decision-making,' alongside flu and rotavirus shots, rather than mandatory vaccines like MMR or DTaP.

Historically, the Vaccine Injury Table has never covered COVID-19 vaccines. Materese's case hinges on whether the court will require their inclusion, potentially opening compensation claims for others with similar COVID-19 vaccine injuries.

The lawsuit could set a precedent for how COVID-19 vaccine injuries are handled under U.S. law. If successful, Materese's claim may force the government to add the COVID-19 vaccine to the compensation programme. The outcome will depend on whether the court agrees that Kennedy's department failed to meet its legal obligations under the Vaccine Act.