In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 21-0881V

UNPUBLISHED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 DAMAGES1

On February 8, 2021, Zehra Rizvi 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 alleges that she suffered a shoulder injury related to vaccine 

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

(“flu”) vaccine in her left deltoid on October 9, 2019. Petition 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 Petitioner entitled 

to compensation for her SIRVA. On September 21, 2022, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $110,115.79, 

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

unreimbursed expenses. Proffer at 2. In the Proffer, Respondent represented that 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012).
2

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

Petitioner is entitled to an award as stated in the Proffer.

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

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

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

payable to Petitioner. This amount represents compensation for all damages that would 

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. 21-881V

 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 she suffered a left Shoulder 

Injury Related to Vaccine Administration (“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, respondent submitted that petitioner had 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, 

respondent requested a ruling on the record regarding petitioner’s entitlement to compensation.

1 Respondent 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 the 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 on Entitlement finding petitioner

entitled to compensation. ECF No. 32. 

I. Items 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 recommends that the compensation provided to petitioner should be made through a 

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

the Court’s judgment award the following2: 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, 

BRIAN 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