In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-0601V

Filed: August 30, 2019

UNPUBLISHED

SULE SOYSAL,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.

Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On April 26, 2018, petitioner 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 left shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza vaccine received on September 27, 

2017. Petition at 1; Stipulation, filed August 30, 2019, at ¶¶ 1-4. Petitioner further 

alleges that she received the vaccine in the United States, that she experienced 

residual effects of this injury for more than six months, and that there has been no prior 

award or settlement of a civil action for damages on her behalf as a result of her 

condition. Petition at 1, 4-5; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner 

sustained a SIRVA Table injury; denies that the influenza vaccine caused petitioner’s 

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

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, the 

undersigned agrees that the identified material fits within this definition, the undersigned will redact such 

material from public access. Because this unpublished decision contains a reasoned explanation for the 

action in this case, undersigned is 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).

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. 

§ 300aa (2012).
2

alleged shoulder injuries, or any other injury; and denies that her current condition is a 

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

Nevertheless, on August 30, 2019, the parties filed the attached joint stipulation, 

stating that a decision should be entered awarding compensation. The undersigned 

finds the stipulation reasonable and adopts it as the decision of the Court in awarding 

damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, the undersigned

awards the following compensation:

A lump sum of $80,000.00 in the form of a check payable to petitioner. 

Stipulation at ¶ 8. This amount represents compensation for all items of 

damages that would be available under § 15(a). Id. 

The undersigned approves 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.3

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

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 

**·•··························••***** SUL)!: SOYSAL, • 

* Petitioner, • No. 18-601V 

CHIEF SPECIAL MASTER DORSEY 

V. 

SECRETARY OF HEAL TH AND 

HUMAN SERVICES, 

• 

• 

• 

• 

• 

* 

Respondent. • 

••••••••••••••••••••••••••••••••••••• 

STIPULATION 

The parties hereby stipulate to the following matters: 

I. Petitioner filed a petition for vaccine compensation under the National Vaccine 

Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The 

petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza 

vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 

(a). 

2. Petitioner received an influenza immunization on September 27, 2017. 

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. She further alleges that 

she has experienced residual effects of this injury for more than six months. 

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 

influenza vaccine caused petitioner's alleged shoulder injuries, 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)( 1 ), the Secretary of Health and Human 

Services will issue the following vaccine compensation payment: 

A lump sum of $80,000.00 in the form of a check payable to petitioner. This amount 

represents compensation for all damages that would be available under 42 U.S.C. 

§ 300aa-l 5(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-2l(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. 

IO. 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- lS(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. 

2 
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-l 5(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-l 5(a) and (d), and subject to the 

conditions of 42 U.S.C. § 300aa-15(g) and (h). 

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

individual 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. § 300aa-l O 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, an influenza vaccination administered on September 27, 

2017, as alleged by petitioner in a petition for vaccine compensation filed on or about April 26, 

2018, in the United States Court of Federal Claims as petition No. 18-60 IV. 

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. 

3 
I 5. 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 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 construed as an admission by the United States or the 

Secretary of Health and Human Services that petitioner sustained a SIRVA Table injury; that the 

influenza vaccine caused petitioner's alleged shoulder injuries, or any other injury; or that her 

current condition is a sequelae of a vaccine-related injury. 

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

petitioner's heirs, executors, administrators, successors, and/or assigns. 

I 

I 

I 

I 

I 

I 

I 

I 

END OF STIPULATION 

4 
rF.TJTIONt'.R: 

d~JP--· 

ATTOR.'\'I!.\' 01-· Rl~CORD FOR 

Pl-:TITIONli:R/ 

Zg 1b Sa:01d PC 

75 S(n.ill\ B:,)a~t-,\ay. ,f!I rlocr 

\\hile Pl,1i1t.">. New Y :H,.;, JIH,0 1 

~914) 72(). t 110 

AU'fHORIZtD REPRESE'.'JTATTVE 

Of THf SFC.RF.TARY 01" tll•:ALfH 

AND HU~1AN SERVICES: 

vV',iAa ,, / / , ...... . ::--, :~-t4Jt.,4.4~ r , 

T1\MAR. . .\ OVl-RBY 

1 

.:\rtmg Dtr('C. :o: 

Oin-;ion ~f lnJu~y c,,mpcMa!H~n Jlrogra1m 

lkalthcarc S, ~tl' ms 8 urrnu 

lJ S. Dc:p&rtmcnt of Het1llh 

)61}() f ,~!wr-. l :me 

Parkl.nvn Building, Mud ,top 08N 146H 

Rl)cki, illc. MO 20857 

l>•"J .k/ !Il_/.lD1 -1.. -

Al!TIIORIZt:O Rt-:rR•:st:r.T ATIV•: 

OF tHE ATt·ORNl-:Y ,a:,!'il(RAI.: 

I >ept,t) I >,r~t• ,c 

TNt" Rrtm{:.h 

(' ;vii Di,·:,;,10n 

~- z l _ __, 

;_; S l}cpartmc:nt d fost1n: 

PO Hil.l( 1-16 

0 f•njAmtn t'rnnkl1 n \t~t " ,n 

\\.'.i.!shmgton. DC 21>1).:,:.()146 

A l'TORNEY Of• Rf,,( :oKo •·ol{ 

Rfi$PONl>J.:~T: 

'left!'!, 'f rit'. ,\ :!,l 'f)Cy 

I Ori\ !Jranc h 

(. ,vii l>1vi!lic:, 

ll, Oq;.,:ta ie111 0 f J..1-.::~c: 

PO l'\ox 146 

Bcoj.imin Fr~nklm Station 

w.,i:t:inch'I\, DC 2()(1.!..j~I) 1-1(> 

( ? ((') 61 (.,.\ 18 t