VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00684
Package ID: USCOURTS-cofc-1_18-vv-00684
Petitioner: Bonnie Mahayni
Filed: 2018-05-15
Decided: 2019-12-27
Vaccine: influenza
Vaccination date: 2017-09-07
Condition: right shoulder injury related to vaccine administration (SIRVA), including right shoulder adhesive capsulitis, partial-thickness tearing, tendinopathy, bursitis, shoulder joint osteoarthritis, acromioclavicular joint arthrosis and regional pain syndrome
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Bonnie Mahayni filed a petition on May 15, 2018, seeking compensation under the National Vaccine Injury Compensation Program for a right shoulder injury related to vaccine administration (SIRVA). She alleged that the injury was caused by an influenza vaccine she received on September 7, 2017, and that she suffered residual effects lasting more than six months. The respondent denied that the flu vaccine caused the alleged shoulder injuries or any other injury, and denied that her disabilities were a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on November 13, 2019, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Bonnie Mahayni $40,000.00 in compensation. This amount was a lump sum payable to the petitioner, representing compensation for all items of damages available under § 15(a). The decision was issued on December 27, 2019. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Glenn Alexander MacLeod of the U.S. Department of Justice. The public decision does not describe the specific onset, symptoms, diagnostic tests, treatments, or the medical mechanism of injury. The specific details of the SIRVA, including adhesive capsulitis, partial-thickness tearing, tendinopathy, bursitis, shoulder joint osteoarthritis, acromioclavicular joint arthrosis, and regional pain syndrome, were alleged by the petitioner but not confirmed by the respondent.

Theory of causation field:
Petitioner Bonnie Mahayni alleged a right shoulder injury related to vaccine administration (SIRVA), including adhesive capsulitis, partial-thickness tearing, tendinopathy, bursitis, shoulder joint osteoarthritis, acromioclavicular joint arthrosis, and regional pain syndrome, resulting from an influenza vaccine received on September 7, 2017. The injury allegedly caused residual effects lasting more than six months. Respondent denied that the flu vaccine caused the alleged injuries or that the disabilities were a sequela of a vaccine-related injury. The case was settled via joint stipulation, with Chief Special Master Brian H. Corcoran awarding $40,000.00 as a lump sum for all damages. The stipulation stated that the SIRVA was a Table injury. No specific medical experts or detailed causation theories were presented in the public decision, as the case was resolved by stipulation. Petitioner was represented by Jimmy A. Zgheib, and respondent by Glenn Alexander MacLeod. The decision date was December 27, 2019.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00684-0
Date issued/filed: 2019-12-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/13/2019) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:18-vv-00684-UNJ Document 43 Filed 12/27/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0684V
UNPUBLISHED
BONNIE MAHAYNI, Chief Special Master Corcoran
Petitioner, Filed: November 13, 2019
v.
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA)
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
On May 15, 2018, Bonnie Mahayni 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 right shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on
September 7, 2017. Petition at 1; Stipulation, filed November 13, 2019, at ¶¶ 2, 4.
Petitioner further alleges that the vaccine was administered in the United States, that
she suffered the residual effects of her injury for more than six months, and 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, 5-6; Stipulation at ¶¶ 3-5. “Respondent denies petitioner
sustained a Table SIRVA; denies that the flu vaccine caused petitioner’s alleged right
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 E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). This means it 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:18-vv-00684-UNJ Document 43 Filed 12/27/19 Page 2 of 7
shoulder injuries, or any other injury; and further denies that her current disabilities are a
sequela of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on November 13, 2019, 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 the following
compensation:
A lump sum of $40,000.00 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.
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.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
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

Case 1:18-vv-00684-UNJ Document 43 Filed 12/27/19 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFF[CE OF SPECJAL MASTERS
·••*••··••*•*•~*••·-·····
*
•
BONNIE MAHAYNI,
•
*
Petitionor,
Ill
v. ".. No. I S.684V (ECF)
CHIRP SP.EClAL MASTBR
" BRIAN H. CORCORAN
SF..CRETARY OF HEALTH *
•
AND HUMAN SERVJCIS,
Respondent *
·•~***~**•*•*~-•~«$¢*~*~•
$'fIPUL~'.n~
The partie., hereby stipulate to the following mauers:
I. Pttitionerflled a petition for vaccine compensation undertbe National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-J0 to 34 (the .. Vaccine Program"). The petition
se&l<s compensation for injuries allegedly related to petitioner's receipt of trivalent influenza
( ..f lu') vacciJJe, which vaccille is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R.
§100.3(a).
2. Petitioner received the tlu wccine on or about September 7, 2017.
3. The vaccine was administered withfn me United Stares.
4. Petitioner alleges that. she suffered a right shoulder injury related to vaecine
adminislration (SlRV A), including right shoulder adhesive capsulitis, partial-thickness &earing,
tcndinopathy, bursitis, shoulder joint osteoartbritis, acromioclavicular joint arthrosis and r~onal
pain syndrome, as a coMCq\lence of the filt Immunization she received on or about Soptember 7,
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Case 1:18-vv-00684-UNJ Document 43 Filed 12/27/19 Page 4 of 7
2017, and 1urther alleges that she ~uffered the resjdual effcccs ofthis injury for more than aix.
monthi.
5. Petitioner represents that thcr~ has been no prior award or settlement of a civil action
for damage.11 on ber behalf u a result of her conditi<:m.
6. Respondent denies petitioner sustained a Table SJRV A; dcmie& that the Du vaccine
caused petitioner's alleaed right shoulder injuries, or any other jnjury; and further denies that h<:r
current di$abiliries are a sequelft of a V8"ine-related injury.
7. Mainta.ining their abov~stated positions, the pa11ies nevertheless now agree that the
is,uea between tbem 11ball be settled and that a decision ahould be enr.ered awal'ding the
compensation described in para!Jraph 8 of U1is Stipulation.
8, As soon as practicable sfter an entry ofj udgment reflecting a decision consistent with
tile term, of this Stipulation. and after petitioner has filed an election to receive compensation
plll'Suant to 42 U.S.C. § 300aa-21(a)(I}, tho Secretary of Health and Human Sffliices will issue
the following vaccina ccmpensation payment:
A lump sum of $40,000.00 which amount represents oompe11satio11 for all elements of
damages available to petitioner under 42 U.S.C. § 300aa-l S(a), in the form of a check
puyable to petitioner.
9. Ju soon as practicable a~r the en«ry ofj udgment on entitle11umt in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300ia-2l(a)(l), and an application, the parties will submit to further proceodings bri'ore
the special mastor to award reasonable attorneys• fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that they have identified to respond~t oil
known sources of p.oyment for items or services tor which the Program is not primarily liibJ.e
Page 2 ofS

Case 1:18-vv-00684-UNJ Document 43 Filed 12/27/19 Page 5 of 7
~r 42 U.S.C. § 300aa-15{g), jncludilli State compensation programs, insurance policies,
Federal or State health benefits programs (athe1· than Title XIX oftlw Social Security Act (42
U.S.C. § I 196 et seq.)), or entities that provide health serviet.l8 on a prepaid bagi,.
11. Payment 1nadt pumiont to parapph 8 of this Stip~latioo and any amounts awlll'ded
pur&Uant to pa1·agraph 9 will be made in a~dam:e with 42 U.S.C. § 300aa-l 5(i), subject to the
availability of sufficient statutory funds.
12. The parties end their attorneys further agree and stipulate that, e,r.cept for any award
for anomoy's fees and Jitisation oosts, and paat \lDreimbwsed txpc::na(¾'I, the money provided
pllrniant to thi.& Stipulation will be used ooleJy for the benefit of petitioner as contemplated by a
etrict conatructlon of4 2 U.S.C. § 300aa-1S{a) and (d), and subject ro the conditions of 42 U.S.C.
§ 300aa-l5(g) and (h).
13. ln return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity. and on behalf of her heir,, executors, administrators. &uccessors, and a8Sisns,
does forever irrevocably and unconditionally releas~, acquh and discharge the Unired Stutes and
the Seccetwy of Health. and Human Services from any and all actions or causes of action
(includifl8 agreements, judgments, claims, datru1sea, loss of services. expenses 1md aU demands
of whatever kind or nature) that bave been brought, could have been brought, or could be timely
broughc in the.United States Court of Fed0ral Claims, under tho National Va~jnc Injury
Compensation Program, 42 U.S.C. f 300aa-l0 et seq., on account of, or in any way growing out
of, any and all known or unknow.n, suspected or unsuspected personal i1tjuriea to or dea1h of
petitioner resulting from, or alleged to have r~ulted from, the flu vaccination admmistered on or
about Septtmber 7, 2017, as aJleged by petitioner in ll petition for vaccine compen:iation filed on
or about May IS, 2018, in the United States Court of Federal Claims as petition No. l8-684V.
Page3of5

Case 1:18-vv-00684-UNJ Document 43 Filed 12/27/19 Page 6 of 7
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both oft he parties.
IS. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the United States Court of Federal Claims fail• to enter jud~t in
confonnlty with a decision that is in complete ~Qnformity with the terms of this Stipulation, then
me parties' settlement and this Stipulat.ion shall be voidable at tho sole discretion of either party. ·
16. This Stipulation oxprea.,es a full and comple~ negotiated settletnont of liability and
damages claimed under the National Childhood Vaccint Injury Acr of 1986, as amended, ~t
H otherwise noted in paragraph 9 above. There is absolutely no agreement on the _pa,1 of the
parties hereto to make any payment or do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further ugree and und~rstand that the award described in this
Stipulation may reflect a compromise ofabe parties' respective positions as to JiabiHty and'or
amount of damages, and further, that a chan1e in the nature of the injury or condition or in the
items of compc:.nsation 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 ofH ealth and Human Services that the flu vaccine caused pelitioner's alleged right
shoulder iajuries, or any other injury or any of her current dilUAbilities.
18. All rishts and obligation$ of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, succ:essors. and/or assigns.
END OF STIPULATION
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Case 1:18-vv-00684-UNJ Document 43 Filed 12/27/19 Page 7 of 7
Respectfully submitted.
PETITIONER:
~
ATTORNEY OF RECORD FOR AUfflOIUZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
____
_(__L__ ___
.,._
___.:::;..,._
,ESQ. ffl NB E. REEVES
D Director
Torts Branch
Civil Division
U.S.DepartmentofJusricc
P. 0. Box. 146
Benjamin Ftanklin Station
Wahington, O.C. 20044-0146
AUTHORIZED .REPIUtSENTATIV.E OF ATTORNEY OF RECORD FO.R
THE SECRETARY OF HEAL TH AND
HUMAN SERVICES: &«tftf
Wt/Ads~t f!.,t,,
TAMARA OV£RBY
Acting Director, Division of Injury Senior Trial Coun$el
Compensatioo Programs Torts Branch, CMl Division
Healthcare Sysrems Bureau U.S. Department of Justice
Health Resources and Ser\lices Adrnini,mation P.O. Box 146
U.S. Depanment of Health Benjamin Franklin Station
a.ad Humso Services Washington, D.C. 20044--0146
5600 Fishers Lane Tel: (202) 616•4122
Parkl~ Building. Stop-08Nl46B
Rockville, MO 20857
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