# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 21

- 0881 V

UNPUBLISHED

ZEHRA RIZVI

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 21, 2022

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL , for Petitioner.

Jennifer A. Shah , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On February 8, 2021

, Zehra Rizvi f iled a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. 2 (the

“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine

administ ration (“SIRVA”), as defined in the Vaccine Table, after receiving the influenza

(“flu”) vaccine in her left deltoid on October 9, 2019 . Petit ion at 1, ¶¶ 3, 15

- 16, 18

. The

case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 2, 2022

, a ruling on entitlement was issued , finding P etitioner entitled

to compensation for her SIRVA . On September 21, 2022

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 110,115.79,

representing $105,000.00 for her pain and suffering and $5,115.79 for her mileage and

unreimburs e d expenses

. Proffer at 2

. In the Proffer, R espondent represented that

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am

required to post it on the United States Court of Federal Claims' website in accordance with the E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic

Government Services). This means the D ecision 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 f its 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 (2012).2

P etitioner agrees with the proffered award. Id. Based on the record as a whole, I find that

P etitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump

sum payment of $ 110,115.79 , represent ing $105,000.00 for her pain and suffering

and $5,115.79 for her mileage and unreimburs able expenses in the form of a check

payable to P etitioner

. This amount represents compensation for all damages that w ould

be available under Section 15 (a)

.

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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

ZEHRA RIZVI

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 21

- 881 V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On February 8, 2021

, Zehra Rizvi (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

– 34

, as amended (“Vaccine Act” or “Act”)

. Petitioner alleges that s he suffered a left S houlder

I njury R elated to V accine A dministration (“SIRVA ” ) caused by an influenza (“flu”) vaccine

administered on October 3, 2019

. Petition at 1, 5

. On May 13, 2022, the Chief Special Master

issued Findings of Fact and Conclusions of Law, finding that the evidence supported petitioner’s

assertion that she was vaccinated in her left shoulder. 1 ECF No. 26 at 7

- 8.

On August 1 , 2022 , respondent filed his Vaccine Rule 4(c) report . In light of the Chief

Special Master’s Findings and Conclusions, resp ondent submit ted that petitioner ha d otherwise

satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to

Interpretation (“QAI”) for SIRVA. See 42 C.F.R §§ 100.3(a)(XIV) and (c)(10). As such,

r espondent request ed a ruling on the record regarding petitioner’s entitlement to compensation.

1 R espondent reserves his right, pursuant to 42 U.S.C. § 300aa

- 12(e), to seek review of

the Chief Special Master’s May 13, 2022 Findings and Conclusions which provided t he basis for

his Ruling on Entitlement. This right accrues following issuance of a Decision on Damages

.2 ECF No. 31

. On August 2, 2022

, this Court issued a Ruling o n Entitlement finding petitioner

entitled to compensation

. ECF No. 32

.

I. Ite ms of Compensation

Respondent proffers that petitioner should be awarded $ 110,115.79

, consisting of

$ 105,000 .00 for pain and suffering and $ 5,115.79 for mileage and unreimbursed medical

expenses . This represents all elements of compensation to which petitioner would be entitled

under 42 U.S.C. § 300aa

- 15 (a) . Petitioner agrees.

II. Form of the Award

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respondent recommend s that the compensation provided to petitioner should be made through a

lump sum payment as described below and request s that the Chief Special Master’s decision and

the Court’s judgment award the following 2 : a lump sum payment of $ 110,115.79 , representing

compensation for all elements of economic and noneconomic damages

, in the form of a check

payable to petitioner, Zehra Rizvi

.

III. Summary of Recommended Payment Following Judgment

Lump sum payable to petitioner, Zehra Rizvi : $ 110,115.79

.

Respectfully submitted,

BR I AN BOYNTON

Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

2 Should petitioner die prior to entry of judgment, the parties reserve the right to move

the Court for appropriate relief. In particular, respondent would oppose any award for future lost

earnings and future pain and suffering.3 HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

s/ Jennifer A. Shah

Jennifer A. Shah

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 305

- 2181

Jennifer.shah@usdoj.gov

Dated: September 21 , 2022