VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00221 Package ID: USCOURTS-cofc-1_17-vv-00221 Petitioner: Zakaria Chilazi Filed: 2021-06-29 Decided: 2021-09-01 Vaccine: influenza Vaccination date: 2015-10-20 Condition: cardiac arrest Outcome: compensated Award amount USD: 2000 AI-assisted case summary: Claire Chilazi, administrator of the estate of Zakaria Chilazi, filed a petition on June 29, 2021, on behalf of the vaccinee, Zakaria Chilazi. The petition alleged that Mr. Chilazi suffered a cardiac arrest, ultimately leading to his death, as a result of an influenza vaccination he received on October 20, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Chilazi's death or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation filed on June 29, 2021. The stipulation stated that the issues could be resolved and that a decision should be entered awarding compensation. Special Master Katherine E. Oler reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The stipulation awarded a lump sum of $2,000.00, payable to the petitioner, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision directed the Clerk of the Court to enter judgment accordingly. David Gregory Rogers represented the petitioner, and Lynn Schlie represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert testimony. Theory of causation field: Petitioner alleged that Zakaria Chilazi received an influenza vaccine on October 20, 2015, and subsequently suffered a cardiac arrest, leading to his death. Respondent denied that the vaccine caused the alleged injury or death. The parties reached a settlement via stipulation, agreeing to resolve the issues and award compensation. The Special Master adopted the stipulation as the decision. The award was a lump sum of $2,000.00. The public text does not specify a theory of causation, medical experts, or the mechanism of injury. The case was settled by stipulation, with Claire Chilazi as petitioner's administrator and Lynn Schlie as respondent's counsel. Special Master Katherine E. Oler issued the decision on September 1, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00221-0 Date issued/filed: 2021-09-01 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 6/29/2021) regarding 65 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00221-UNJ Document 69 Filed 09/01/21 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-221V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * CLAIRE CHILAZI, administrator of the * estate of Zakaria Chilazi, * Filed: June 29, 2021 * Petitioner, * * * Decision by Stipulation; Damages; v. * Influenza (“Flu”) Vaccine; Cardiac Arrest. * SECRETARY OF HEALTH AND * * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * David Gregory Rogers, Rogers, Hofrichter & Karrh, LLC, Fayetteville, GA, for Petitioner Lynn Schlie, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On February 15, 2017, Joelle Chilazi filed a petition on behalf of her mother, Claire Chilazi (“Petitioner”), administrator of the estate of Zakaria Chilazi, vaccinee, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges Mr. Chilazi suffered a cardiac arrest, ultimately leading to his death, as a result of the influenza (“flu”) vaccination he received on October 20, 2015. See Stipulation ¶ 1, 2, 4, dated June 29, 2021 (ECF No. 64); see also Petition. 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:17-vv-00221-UNJ Document 69 Filed 09/01/21 Page 2 of 8 Respondent denies “that the vaccine caused Mr. Chilazi to develop any of the alleged injuries, any other injury or condition, or his death.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed June 29, 2021 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a lump sum of $2,000.00 in the form of a check payable to [P]etitioner. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. Case 1:17-vv-00221-UNJ Document 69 Filed 09/01/21 Page 3 of 8 Case 1:17-vv-00221-UNJ Document 69 Filed 09/01/21 Page 4 of 8 Case 1:17-vv-00221-UNJ Document 69 Filed 09/01/21 Page 5 of 8 Case 1:17-vv-00221-UNJ Document 69 Filed 09/01/21 Page 6 of 8 Case 1:17-vv-00221-UNJ Document 69 Filed 09/01/21 Page 7 of 8 Case 1:17-vv-00221-UNJ Document 69 Filed 09/01/21 Page 8 of 8