VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01697
Package ID: USCOURTS-cofc-1_19-vv-01697
Petitioner: Nidal Zaidan
Filed: 2019-10-31
Decided: 2022-01-06
Vaccine: influenza
Vaccination date: 2018-09-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 95429

AI-assisted case summary:
Nidal Zaidan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine he received on September 19, 2018. The petition stated that he received the vaccine in the United States, suffered residual effects for more than six months, and had not filed other civil actions or received compensation for his injury. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, as he met the criteria for a presumed SIRVA injury as defined by the Vaccine Injury Table. A ruling on entitlement was issued on June 7, 2021, finding Petitioner entitled to compensation. Subsequently, on November 29, 2021, Respondent filed a proffer on award of compensation, proposing an award of $95,429.00, which included $95,000.00 for pain and suffering and $429.00 for past unreimbursed medical expenses. Petitioner agreed with this proffered award. The decision dated January 6, 2022, awarded Petitioner the lump sum of $95,429.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01697-0
Date issued/filed: 2021-07-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/07/2021) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01697-UNJ Document 31 Filed 07/08/21 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1697V
UNPUBLISHED
NIDAL ZAIDAN, Chief Special Master Corcoran
Petitioner, Filed: June 7, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 31, 2019, Nidal Zaidan 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”), as defined on the Vaccine Injury Table, which also was caused-
in-fact from the influenza (“flu”) vaccine he received on September 19, 2018. Petition at
1, ¶¶ 2, 16. Petitioner further alleges that he received the flu vaccine in the United States,
that he suffered the residual effects of his SIRVA for more than six months, and that
neither he nor any other party has filed a civil action or received compensation for his
injury. Id. at ¶¶ 2, 16-17. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
1 Because this unpublished ruling 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 the ruling 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 1:19-vv-01697-UNJ Document 31 Filed 07/08/21 Page 2 of 2
On June 7, 2021, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
Specifically, Respondent “has concluded that compensation is appropriate because
[P]etitioner meets the criteria for a presumed SIRVA, as defined by the Vaccine Injury
Table.” Id. at 5. Respondent further agrees that “based on the record as it now stands,
[P]etitioner has satisfied all legal prerequisites for compensation under the Vaccine Act.”
Id. at 6.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01697-1
Date issued/filed: 2022-01-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/29/2021) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01697-UNJ Document 41 Filed 01/06/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1697V
UNPUBLISHED
NIDAL ZAIDAN, Chief Special Master Corcoran
Petitioner, Filed: November 29, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 31, 2019, Nidal Zaidan 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”), as defined on the Vaccine Injury Table, which also was caused-
in-fact from the influenza (“flu”) vaccine he received on September 19, 2018. Petition at
1, ¶¶ 2, 16. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On June 7, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On November 29, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $95,429.00,
representing $95,000.00 for pain and suffering and $429.00 for past unreimbursed
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 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, 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 1:19-vv-01697-UNJ Document 41 Filed 01/06/22 Page 2 of 4
medical expenses. Proffer at 1. In the Proffer, Respondent represented that Petitioner
agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner
is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $95,429.00, representing $95,000.00 for pain and suffering and
$429.00 for actual unreimbursable expenses in the form of a check payable to
Petitioner. This amount represents compensation for all damages that would be available
under Section 15(a).
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 1:19-vv-01697-UNJ Document 41 Filed 01/06/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
NIDAL ZAIDAN, *
*
Petitioner, * No. 19-1697V
* Chief Special Master Corcoran
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 6, 2021, respondent filed a Rule 4(c) Report, conceding that petitioner’s claim
meets the Table criteria for a SIRVA injury. On May 7, 2021, the Court issued a Ruling on
Entitlement finding petitioner entitled to compensation under the Vaccine Act.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
the following, and requests that the Chief Special Master’s decision and the Court’s judgment
award:
a. a lump sum payment of $95,000.00, which represents compensation for pain and
suffering, see 42 U.S.C. § 300aa-15(a)(4), and
b. a lump sum payment of $429.00, which represents compensation for past
unreimbursed medical expenses, see 42 U.S.C. § 300aa-15(a)(1).
These amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future pain
and suffering.

Case 1:19-vv-01697-UNJ Document 41 Filed 01/06/22 Page 4 of 4
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that petitioner be awarded a lump sum payment of $95,429.00, in the
form of a check payable to petitioner. Petitioner agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: November 29, 2021
2