In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19-1554V

UNPUBLISHED

ZAHRA LEISI ZARNAGH,

Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

Respondent.

Chief Special Master Corcoran 

Filed: December 21, 2021

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.

Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for 

Respondent.

DECISION ON JOINT STIPULATION1

On October 4, 2019, Zahra Leisi Zarnagh 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”), which included brachial plexopathy, which was causally related 

to the influenza (“flu”) vaccine she received on December 13, 2017, in her left deltoid.

3

Petition at 1, ¶¶ 1, 14; Stipulation, filed at Dec. 21, 2021, ¶¶ 1-2, 4. Petitioner further 

alleges that she received the flu vaccine within the United States, that she suffered the 

residual effects of her SIRVA for more than six months, and that neither she nor any other 

party has filed a civil action or received compensation for her SIRVA. Petition at ¶¶ 1, 15, 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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).

3 Also, on December 13, 2017, Petitioner received pneumococcal and Zoster vaccines in her right deltoid. 

Petition at ¶ 1; see Exhibit 1 at 3 (vaccine record). 

CORRECTED
2

17-18; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA 

Table injury; denies that the vaccines caused [P]etitioner’s alleged shoulder injuries, 

including brachial plexopathy, or any other injury; and denies that her current condition is 

a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. 

Nevertheless, on December 21, 2021, the parties filed the attached joint 

stipulation, 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 $35,320.68 as 

follows: 

1. A lump sum payment of $35,000.00 in the form of a check payable to 

Petitioner; and 

2. A lump sum payment of $320.68, representing reimbursement of a Medicaid 

lien for services rendered to Petitioner by the State of Michigan, in the form 

of a check payable jointly to Petitioner and the State of Michigan, and mailed 

to:

Michigan Department of Health and Human Services

Member: Zahra Leisi Zarnagh

File No.: 1089967261

Third Party Liability Division

P.O. Box 30053

Lansing, MI 48909.

Stipulation at ¶ 8. Petitioner agrees to endorse the check to the State of Michigan for 

satisfaction of the Medicaid lien. 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 the 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

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.
DocuSign Envelope ID: C41 FF825-A242-4CDE-81 F1-7A2F97D3EC59 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

ZAHRA LEIS! ZARNAGH, ) 

) 

) 

) 

) 

Petitioner, No. 19-1554V 

V. 

SECRETARY OF HEALTH AND HUMAN )) 

SERVICES, ) 

Chief Special Master Corcoran 

ECF 

Respondent. ) _______________ ) 

STIPULATION 

The parties hereby stipulate to the following matters: 

I. Zahra Leisi Zamagh, petitioner, filed a petition for vaccine compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 et seq. (the "Vaccine 

Program"). The petition seeks compensation for injuries related to petitioner's receipt of the 

influenz.a ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the ''Table"), 

42 C.F.R. § 100.3(a). 

2. Petitioner received the flu vaccination on December 13, 2017. 1 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that she sustained a Shoulder Injury Related to Vaccine 

Administration ("SIRVA") within the time period set forth in the Table, or in the alternative, that 

her shoulder injury was caused by the vaccine. She further alleges that she experienced the residua 1 

effects of this condition for more than six months. 

1 The flu vaccination was administered in the left deltoid. On the same date, petitioner also 

received a pneumococcal (Prevnar-13) in the right deltoid and a zoster vaccination in the right 

arm, subcutaneous. The zoster vaccination is not contained in the Table. 
DocuSign Envelope ID: C41 FF825-A242-4CDE-81 F1-7A2F97D3EC59 

5. Petitioner represents that there has been no prior award or settlement of a civil action 

for damages on her behalf as a result of her condition. 

6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the 

vaccines caused petitioner's alleged shoulder injuries, including brachia! plexopathy, or any other 

injury; and denies that her current condition is a sequelae 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 of judgment reflecting a decision consistent with 

the terms of this Stipulation, and after petitioner has filed an election to receive compensation 

pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue 

the following vaccine compensation payments: 

a. A lump sum of$35,000.00, which amount represents compensation for pain 

and suffering, in the form of a check payable to petitioner; and 

b. A lump sum of $320.68 representing reimbursement of the State of 

Michigan Medicaid lien, in the form of a check payable jointly to petitioner and 

Michigan Department of Health and Human Services 

Member: Zahra Leisi Zamagh 

File No.: 1089967261 

Third Party Liability Division 

P.O. Box 30053 

Lansing, Ml 48909 

This lump sum represents full satisfaction of any right of subrogation, assignment, claim, 

lien, or cause of action the state of Michigan may have against any individual as a result of any 

Medicaid payments the state of Michigan has made to or on behalf of petitioner from the date of 

her eligibility for benefits through the date of judgment in this case as a result of her alleged 

2 
DocuSign Envelope ID: C41FF825-A242-4CDE-81F1 -7A2F97D3EC59 

vaccine-related injury suffered on or about December 13, 2017, under Title XIX of the Social 

Security Act. Petitioner agrees to endorse this check to the state of Michigan. 

These amounts represent compensation for all damages that would be available under 42 

U.S.C. § 300aa-15(a). 

9. As soon as practicable after the entry of judgment 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. 

§ 300aa-21(a)(l), and an application, the parties will submit to further proceedings before the 

special master to award reasonable attorneys' fees and costs incurred in proceeding upon this 

petition. 

10. Petitioner and her 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-15(g), to the extent that 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. 

11. 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 of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. 

§ 300aa-15(g) and (h). 

3 
DocuSign Envelope ID: C41 FF825-A242-4CDE-81 F1-7A2F97D3EC59 

13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individua 1 

capacity, and on behalf of her heirs, executors, administrators, successors or assigns, 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 could be timely brought in the Court 

of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa10 et seq., 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 petitioner resulting from, or alleged to have resulted 

from, the flu vaccination or any other vaccination on or around December 13, 2017, as alleged by 

petitioner in a petition for vaccine compensation filed on or about October 4, 2019, in the United 

States Court of Federal Claims as petition No. 19-1554V. 

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 

decision that is in complete conformity 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 

4 
DocuSign Envelope ID: C41 FF825-A242-4CDE-81 F1-7A2F97D3EC59 

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 constmed as an admission by the United States or the 

Secretary of Health and Human Services that a vaccine caused petitioner's alleged left shoulder 

injury, or any other injury or condition. 

18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's 

heirs, executors, administrators, successors, and/or assigns. 

END OF STIPULATION 

5 
DocuSign Envelope ID: C41FF825-A242-4CDE-81F1-7A2F9703EC59 

Respectfully submitted, 

PETITIONER: 

DocuSlgned by: J 

I/.-' 

,))Al--4-A,~-------

ZAHRA LEISI ZARNAGH 

ATTORNEY OF RECORD FOR 

PE/~ 

L!J:S / s A A. 

~ OLINS 

Ma o Christopher & Toale, PA 

17 5 Pennsylvania Avenue, NW 

S ite 225 

Washington, D.C. 20006 

Tel: (888) 952-5242 

AUTHORIZED REPRESENTATIVE 

OF THE SECRETARY OF HEALTH 

AND HUMAN SERVICES: 

[;)~ ~I Pr1/S~I Al'M, ~~ TAMARA OVERBY 

Acting Director, Division of Injury 

Compensation Programs 

Health Systems Bureau 

Health Resources and Services 

Administration 

U.S. Department of Health 

and Human Services 

5600 Fishers Lane, 08Nl46B 

Rockville, MD 20857 

Dated: Iv 2-1 )z.o-z. J 

6 

AUTHORIZED REPRSENTATIVE 

OF THE ATTORNEY GENERAL: 

~~\ti)~ 

HEATHER L. PEARLMAN 

Deputy Director 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

COLLEEN C. HARTLEY 

Trial Attorney 

Tmts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

Tel: 202-616-3644 

Email: colleen.hartley@usdoj.gov