VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00625
Package ID: USCOURTS-cofc-1_16-vv-00625
Petitioner: Cheryl Zanghi
Filed: 2016-09-13
Decided: 2017-12-19
Vaccine: influenza
Vaccination date: 2014-12-02
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 151550

AI-assisted case summary:
Cheryl Zanghi filed a petition for compensation under the National Vaccine Injury Compensation Program on September 13, 2016, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on December 2, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 12, 2016, conceding entitlement to compensation. The respondent concluded that Ms. Zanghi's injury was consistent with SIRVA, caused-in-fact by the vaccination, and that there were no other identified causes for her condition. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement on September 13, 2016, finding Ms. Zanghi entitled to compensation. Subsequently, on May 30, 2017, the parties filed a joint stipulation on damages. The court adopted the stipulation, awarding Ms. Zanghi a total of $151,550.25 in compensation for all damages.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00625-0
Date issued/filed: 2016-11-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/13/2016) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00625-UNJ Document 17 Filed 11/07/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0625V
Filed: September 13, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHERYL ZANGHI, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
v. * Injury Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner.
Ryan D. Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 26, 2016, Cheryl Zanghi (“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” or “Program”). Petitioner alleges that as a result of receiving
the influenza (“flu”) vaccine on December 2, 2014, she suffered a shoulder injury that
was caused-in-fact by her vaccination. Petition at 1. The case was assigned to the
Special Processing Unit (“SPU”) of the Office of Special Masters.
On September 12, 2016, respondent filed a Rule 4(c) report conceding
entitlement to compensation in this case. Rule 4(c) Rep. at 1. Respondent concluded,
based on her evaluation of the evidence, that petitioner’s injury is consistent with a
shoulder injury related to vaccine administration (“SIRVA”), and that the injury was
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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.
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).

Case 1:16-vv-00625-UNJ Document 17 Filed 11/07/16 Page 2 of 2
caused-in-fact by her vaccination. Id. at 3. Respondent stated that she did not identify
any other causes for petitioner’s SIRVA, and that the evidence of record demonstrates
petitioner has suffered the residual effects of her condition for more than six months. Id.
Petitioner has therefore satisfied all legal prerequisites for compensation. Id.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00625-1
Date issued/filed: 2017-12-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/31/2017) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-00625-UNJ Document 37 Filed 12/19/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0625V
Filed: May 31, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHERYL ZANGHI, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Shoulder
v. * Injury Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner.
Ryan D. Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 26, 2016, Cheryl Zanghi (“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 alleged that she suffered injuries, including a
severe shoulder injury, as a result of receiving the influenza (“flu”) vaccine on December
2, 2014. The case was assigned to the Special Processing Unit (“SPU”) of the Office of
Special Masters.
On September 13, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On May 30, 2017, the parties filed the attached joint stipulation on damages,
stating that a decision should be entered awarding petitioner compensation in the
amount of $151,550.25. Stip. at ¶ 9. The undersigned finds the stipulation reasonable
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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.
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).

Case 1:16-vv-00625-UNJ Document 37 Filed 12/19/17 Page 2 of 7
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 $151,550.25 in the form of a check payable to petitioner,
Cheryl Zanghi. Stip. at ¶ 9. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-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.
2

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