VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00101
Package ID: USCOURTS-cofc-1_20-vv-00101
Petitioner: Mazin Khayat
Filed: 2020-01-30
Decided: 2022-10-28
Vaccine: influenza
Vaccination date: 2018-10-08
Condition: chronic inflammatory demyelinating polyneuropathy
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Mazin Khayat filed a petition for compensation on January 30, 2020, alleging that the influenza vaccine he received on October 8, 2018, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP). He further alleged that his injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused his condition. The parties, represented by counsel Amy A. Senerth for the petitioner and Mary E. Holmes for the respondent, reached a stipulation for award. Special Master Herbrina Sanders reviewed the stipulation. The court adopted the stipulation, awarding Mr. Khayat a lump sum of $55,000.00 as compensation for all damages. This amount represents a settlement of liability and damages claimed under the National Childhood Vaccine Injury Act. The flu vaccine is listed on the Vaccine Injury Table, and the case proceeded as a Table claim. The decision was issued on October 28, 2022. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of injury. The decision also does not name any medical experts.

Theory of causation field:
Petitioner Mazin Khayat received an influenza vaccine on October 8, 2018, and subsequently developed chronic inflammatory demyelinating polyneuropathy (CIDP), alleging the vaccine caused his condition. The injury was alleged to have lasted more than six months. The respondent denied causation. The case proceeded as a Table claim, as the influenza vaccine is listed on the Vaccine Injury Table. The parties reached a stipulation for award, agreeing to a lump sum of $55,000.00 for all damages. Special Master Herbrina Sanders adopted the stipulation. The public decision does not detail the specific medical experts, the mechanism of injury, or the clinical progression of the condition beyond the duration allegation. Attorneys for the petitioner were Muller Brazil, LLP, and for the respondent, the United States Department of Justice. The decision date was October 28, 2022.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-00101-0
Date issued/filed: 2022-10-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/30/2022) regarding 38 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rig) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00101-UNJ Document 42 Filed 10/28/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 30, 2022
* * * * * * * * * * * * * * * * * * * * * * * * *
MAZIN KHAYAT, * No. 20-101V
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Chronic Inflammatory
* Demyelinating Polyneuropathy (“CIDP”)
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mary E. Holmes, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On January 30, 2020, Mazin Khayat (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012). Petitioner alleged that the influenza (“flu”) vaccine he received on October 8, 2018, caused
him to suffer from chronic inflammatory demyelinating polyneuropathy (“CIDP”). Pet. at 1, ECF
No. 1. Petitioner further alleged that his injury lasted for more than six months. Id. ¶ 23.
On September 26, 2022, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 37. Respondent
“denies that the flu vaccine caused [P]etitioner to develop CIDP, any other injury, and/or his
current condition.” Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto
as Appendix A. See id. ¶ 7. I find the stipulation reasonable and adopt it as the decision of the
Court in awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $55,000.00 in the form of a check payable to [P]etitioner. This
1 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as
amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with
access to the Internet. As provided by Vaccine Rule 18(b), each party has 14 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).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:20-vv-00101-UNJ Document 42 Filed 10/28/22 Page 2 of 7
amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
Id. ¶ 8.
I approve the requested amount for Petitioner’s compensation. Accordingly, an award
should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:20-vv-00101-UNJ Document 42 Filed 10/28/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MAZIN KHAYAT,
Petitioner, No. 20-101V
Special Master Sanders
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. On January 30, 2020, Mazin Khayat (“petitioner”) filed a petition for vaccine
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10
to -34 (the “Vaccine Program”). The petition seeks compensation for injuries allegedly related to
petitioner’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 the flu vaccine on October 8, 2018.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered from chronic inflammatory demyelinating
polyneuropathy (“CIDP”) as a result of receiving the flu vaccine. Petitioner alleges that he
experienced the residual effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of his condition.
1

Case 1:20-vv-00101-UNJ Document 42 Filed 10/28/22 Page 4 of 7
6. Respondent denies that the flu vaccine caused petitioner to develop CIDP, any other
injury, and/or his current condition.
7. Maintaining their above-stated positions, the parties 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 practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $55,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(1), and an 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 his 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
under 42 U.S.C. § 300aa-15(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 the Social Security Act (42 U.S.C. §
1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:20-vv-00101-UNJ Document 42 Filed 10/28/22 Page 5 of 7
11. Payment 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-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. §300aa-15(a) and (d), and subject to 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 his
individual capacity, and on behalf of his 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 all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300 aa-10 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 death of petitioner resulting
from, or alleged to have resulted from the flu vaccination administered on October 8, 2018, as
alleged by petitioner in a petition for vaccine compensation filed on or about January 30, 2020,
in the United States Court of Federal Claims as petition No. 20-101V.
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.
3

Case 1:20-vv-00101-UNJ Document 42 Filed 10/28/22 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court 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 otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties 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 the flu vaccine caused petitioner to suffer from
CIDP, or any other injury or condition.
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 1:20-vv-00101-UNJ Document 42 Filed 10/28/22 Page 7 of 7