In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * *

SHAGUFTA MALIK, * No. 13-595V

* Special Master Moran

Petitioner, *

* Filed: September 22, 2015

v. *

*

SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;

AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”).

*

Respondent. * 

* * * * * * * * * * * * * * * * * * * * *

F. John Caldwell, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner;

Traci Patton, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On September 11, 2015, respondent filed a joint stipulation concerning the 

petition for compensation filed by Shagufta Malik on August 21, 2013. In her 

petition, Ms. Malik alleged that the influenza (“flu”) vaccine, which is contained in 

the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she

received on October 15, 2010, caused her to suffer from Guillain-Barré Syndrome 

(“GBS”). 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.

Respondent denies that the flu vaccine caused petitioner to suffer GBS or 

any other injury or condition.

Nevertheless, the parties agree to the joint stipulation, attached hereto as 

“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as 

the decision of the Court in awarding damages, on the terms set forth therein.

 

1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), 

the party has 14 days to file a motion proposing redaction of medical information or other 

information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special 

master will appear in the document posted on the website.
2

Damages awarded in that stipulation include:

A. A lump sum of $150,000.00 in the form of a check payable to 

petitioner, Shagufta Malik. This amount represents compensation 

for all damages, other than reimbursement of a State of New Jersey 

Medicaid lien, that would be available under 42 U.S.C. § 300aa15(a); and

B. A lump sum of $26,565.18, which amount represents reimbursement 

of a State of New Jersey Medicaid lien, in the form of a check payable 

jointly to petitioner and

Treasurer, State of New Jersey

Division of Revenue

Lockbox 656

160 S. Broad Street, 1st Floor

Trenton, NJ 08646

Medicaid Beneficiary: Shagufta Malik

File No.: EAR/40603

Petitioner agrees to endorse the check to the State of New Jersey.

In the absence of a motion for review filed pursuant to RCFC, Appendix B, 

the clerk is directed to enter judgment in case 13-595V according to this decision 

and the attached stipulation.2

Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-

6360.

 

IT IS SO ORDERED.

s/ Christian J. Moran

Christian J. Moran

Special Master

 

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each 

party filing a notice renouncing the right to seek review by a United States Court of Federal 

Claims judge.
Case 1:13-vv-00595-UNJ Document 55 Filed 09/11/15 Page 1 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

SHAGUFTA MALIK, 

Petitioner, 

V , 

OFFICE OF SPECIAL MASTERS 

) 

) 

) 

) 

) 

No. J3-595V 

SECRET ARY OF HEAL TH AND HUMAN ) 

SERVICES, ~ 

Special Master Moran 

ECF 

Respondent. ) ~~~~~ ~~~~ ~- ) 

TIPULA ION 

The parties hereby stipulate to the fo llowing matters: 

1. Shagufta Malik, 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 allegedly related to Ms. Malik's receipt 

of the influenza (" flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the 

"Table"), 42 C.F.R. § 100.3(a). 

2. Petitioner received her flu immunization on October 15, 20 10. 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that the fl u vacc1ne caused her to suffer Guillain-I3ane Syndrome 

("GBS"). 

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

for damages o n her behalf as a result of her condition. 

6. Respondent denies that the flu vaccine caused petitioner to suffer GDS or any other 

injury or condition. 
Case 1:13-vv-00595-UNJ Document 55 Filed 09/11/15 Page 2 of 5

7. Maintaining their above-stated positions, the patties 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 practicabJe after an entry of judgment reflectfog a decision consistent with 

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

pursuant to 42 U.S.C. § 300aa-2l(a)( l), the Secretary of Health and Human Services will issue 

the fo llowing vaccine compensation payments: 

a. A lump sum of $ 150,000.00, in the fonn of a check payable to petitioner. This 

amotmt represents compensation for aU damages, other than reimbursement of a 

State of New Jersey Medicaid lien, that would be available under 42 U.S.C. 

§ 300aa-15(a); and 

b. A lump sum of $26,565. 18, wh.ich amount represents reimbursement of a State of 

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

Treasurer, State of New Jersey 

Division of Revenue 

Lockbox 656 

160 S. Broad Street, 1st Floor 

Trenton, NJ 08646 

Medicaid Beneficiary: Shagufta Malik 

Pile No.: EAR/40603 

Petitioner agrees to endorse the check to the State of New Jersey. 

9. As soon as practicable afier the entry of judgment on entitlement in this case, and after 

petitioncl' has filed both a proper and timely election to receive compensation pursuant to 42 

U.S.C. § 300aa-21(a)(l), and au 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 

2 
Case 1:13-vv-00595-UNJ Document 55 Filed 09/11/15 Page 3 of 5

under 42 U.S.C. § 300aa-l S(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 lhe Social Security Act (42 U.S.C. 

§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 

11. Payments 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 lhe availability of sufficient stalutory funds. 

12. The pruiics and their attorneys further agree and stipulate Lhat, except for any award 

for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided 

pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a 

strict constn1ction of 42 U.S.C. § 300aa-15(a) and (d), and subj ect lo 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 hehalf 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 aU demands 

of whatever kind or nature) that have been brought, could have been brought, or could be timely 

brought in the Cowt of Federal Claims, under the National Vaccine Injury Compensation 

Program, 42 V.S.C. § 300aa-l 0 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 deatl1 of petitioner resulting 

from, or alleged to have resulted from, the flu vaccination administered on October 15, 2010, as 

3 
Case 1:13-vv-00595-UNJ Document 55 Filed 09/11/15 Page 4 of 5

aJLeged by petitioner in a petition for vaccine compensation filed on or about August 21, 2013, in 

the United States Court of Federal Claims as petition No. 13-595V. 

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 confom1ity with the terms 

of this Stipulation or if the Cowt 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 othe1wise noted in paragraph 9 above. There is absolutely no agreement on the part of the 

parties hereto lo make any payment or to do any act or thing other than is herein expressly stated 

and clearly agreed to. The pa1ties 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 tbe flu vaccine caused petitioner's OBS or any 

other injury or cond ition. 

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

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

END OF STIPULATION 

4 
Case 1:13-vv-00595-UNJ Document 55 Filed 09/11/15 Page 5 of 5

Sep 03 15 03:12p Abdul J. Malik 

Respectfully submitted, 

PETITIONER: 

ATTORNEY OF RECORD FOR 

PETITIONER: 

1605 Main Street 

Smte 71 o 

Sarasota, FL 34236 

Tel: (888) 952-5242 

TOALE,PA 

AUTHORIZED REPRESENTATIVE 

OF THE SECRETA HEALTH 

ANDHUMAN <R 

QUSTON, M.D., M.P.H., FAAP 

Di.rector, rnvision of Injury Compensation 

Programs (DICP) 

Healthcare Systems Bureau 

U.S. Department of Health and Human Services 

5600 Fisbers Lane 

Parklawn Building, Mail Stop I lC-26 

Rockville, MD 20857 

Dated: &¢. ((1 ,)otQ 

5 

2013337441 

AUTHORIZED REPRSENTA TIVE 

OF THE ATTORNEY GENERAL: 

. ' 

\J~) .JV\~t.-. 

~. 

VINC;;?J, MATA~ Deputy Director 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin, Franklin Stntion 

Washington, DC 20044-0146 

ATTOR~EYOFRECORDFOR 

RESPONDENT: 

IB.ACIR. 

~'£& PATTON 

Senior Trial Attorney 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklfa Station 

Washington, DC 20044-0146 

Tel: (202) 353wl589 

p.1