VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00979
Package ID: USCOURTS-cofc-1_20-vv-00979
Petitioner: Jeanette Lingafelt
Filed: 2020-08-06
Decided: 2022-01-25
Vaccine: influenza
Vaccination date: 2017-10-20
Condition: left shoulder injury related to vaccine administration (SIRVA) and left carpal tunnel syndrome
Outcome: compensated
Award amount USD: 40288.38

AI-assisted case summary:
Jeanette Lingafelt filed her petition on August 6, 2020, after receiving an influenza vaccination on October 20, 2017. She alleged that the vaccination caused a left shoulder injury related to vaccine administration and left carpal tunnel syndrome, and she stated that the residual effects lasted more than six months. She was represented by Jimmy A. Zgheib of Zgheib Sayad PC.

Respondent disputed the claim. In the stipulation, respondent denied that Lingafelt suffered a Table SIRVA, denied that the influenza vaccine caused her left shoulder injury or left carpal tunnel syndrome, denied that the vaccine caused any other injury, and denied that any current condition was vaccine caused. The case nevertheless resolved through a joint stipulation rather than a litigated entitlement decision.

The public document is sparse about Lingafelt's clinical course. It does not tell the reader when her first shoulder or hand symptoms began, whether she had immediate injection-site pain, what examinations showed, whether imaging or nerve testing was performed, or what treatments she received. It also does not describe how the alleged left shoulder condition and left carpal tunnel syndrome related to one another clinically. What the public record does provide is the essential story of the claim: Lingafelt connected both a left shoulder injury and left carpal tunnel syndrome to the October 20, 2017 flu shot, respondent denied causation, and the parties compromised the disputed case.

Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision on January 25, 2022. The compensation totaled $40,288.38. Lingafelt received $40,233.91 as a lump sum, and $54.47 was paid to Equian to satisfy a Medicaid lien associated with her claim.

Theory of causation field:
Influenza vaccine on October 20, 2017 allegedly causing left shoulder SIRVA and left carpal tunnel syndrome. COMPENSATED by stipulation. Respondent denied Table SIRVA, denied vaccine causation for the left shoulder injury and left carpal tunnel syndrome, denied any other vaccine-caused injury, and denied any current vaccine-caused condition. Public stipulation gives no onset interval, clinical timeline, diagnostic testing, treatment, expert opinions, or biological mechanism. Decision: Chief Special Master Brian H. Corcoran, January 25, 2022. Award $40,288.38 total ($40,233.91 lump sum to petitioner + $54.47 Medicaid lien to Equian). Petition filed August 6, 2020. Attorney: Jimmy A. Zgheib, Zgheib Sayad PC.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00979-0
Date issued/filed: 2022-03-03
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 01/25/2022) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00979-UNJ Document 39 Filed 03/03/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0979V
UNPUBLISHED
JEANETTE LINGAFELT, Chief Special Master Corcoran
Petitioner, Filed: January 25, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On August 6, 2020, Jeanette Lingafelt 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 left shoulder injury related to vaccine
administration (“SIRVA”) and left carpel tunnel syndrome as a result of an influenza (“flu”)
vaccine she received on October 20, 2017. Petition at 1; Stipulation, filed at January 25,
2022, ¶ 2-4. Petitioner further alleges that she experienced the residual effects of these
injuries for more than six months. Petition at 7; Stipulation at ¶ 4. Respondent denies “that
petitioner sustained a Table SIRVA injury, and further denies that the flu vaccine caused
petitioner’s alleged left shoulder injury, her alleged left carpal tunnel syndrome, any other
injury, or her current condition.” Stipulation at ¶ 6.
Nevertheless, on January 25, 2022, 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.
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00979-UNJ Document 39 Filed 03/03/22 Page 2 of 8
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A. A lump sum of $40,233.91, in the form of a check payable to Petitioner;
and
B. A lump sum of $54.47, representing reimbursement of a Medicaid lien for
services rendered to Petitioner, in the form of a check payable to
Petitioner and Equian, to be sent to:
Equian
Attention: Amy McMasters
Event No. HRI 14704369—14648132
P.O. Box 34060, Louisville, KY 40232-4060
Petitioner agrees to endorse this check to Equian. Stipulation at ¶ 8.
These amounts represent compensation for all items of damages that would be
available under Section 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 1:20-vv-00979-UNJ Document 39 Filed 03/03/22 Page 3 of 8
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JEANETTE LINGAFELT,
Petitioner,
V. No. 20-0979V
SECRETARY OF HEALTH AND Chief Special Master Brian H. Corcoran
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Jeanette Lingafelt ("petitioner") ftled 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 is a vaccine contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on October 20, 2017.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a left shoulder injury related to vaccine
administration ("SIRVA") within the Table time period after receiving the flu vaccine, and left
carpal tunnel syndrome, and alleges that she experienced the residual effects of these injuries for
more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages on her behalf as a result of her alleged injuries.

Case 1:20-vv-00979-UNJ Document 39 Filed 03/03/22 Page 4 of 8
6. Respondent denies that petitioner sustained a Table SIRVA injury, and further
denies that the flu vaccine caused petitioner's alleged left shoulder injury, her alleged left carpal
tunnel syndrome, any other injury, or her 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)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A. A lump sum of $40,233.91 in the form of a check payable to petitioner; and
B. A lump sum of $54.4 71 representing reimbursement of a Medicaid lien for
services rendered to petitioner, in the form of a check payable jointly to petitioner
and Equian, to be sent to:
Equian
Attention: Amy McMasters
Event No. HRI 14704368-14648132
P.O. Box 34060, Louisville, KY 40232-4060
Petitioner agrees to endorse this check to Equian.
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
1 This amount represents fullsatisfactionofany right ofs ubrogation, assignment, claim, lien, or cause ofaction any
third-party may have against any individual as a result ofany Medicaid payments made to oron behalf ofp etitioner
as a res ult ofp etitioner's alleged injury relating to a vaccine administered on October 20, 2017, under Title XIX of
the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).
2

Case 1:20-vv-00979-UNJ Document 39 Filed 03/03/22 Page 5 of 8
42 U.S.C. § 300aa-21(a)(l), 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.
lO. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-l 5(g), including State compensation programs, insurance policies,
Federal or State health benefits programs ( other than Title XIX of the Social Security Act (4 2
U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts
awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C.
§ 300aa-15(0, 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 unreimbursable 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 her
individual capacity, and on behalf of her 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
3

Case 1:20-vv-00979-UNJ Document 39 Filed 03/03/22 Page 6 of 8
Program, 42 U.S.C. § 300aa-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 20, 2017, as
alleged by petitioner in a petition for vaccine compensation fded on or about August 6, 2020, in
the United States Court of Federal Claims as petition No. 20-979V.
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.
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's alleged left
shoulder injury, her alleged left carpal tunnel syndrome, or any other injury or her current
condition.
4

Case 1:20-vv-00979-UNJ Document 39 Filed 03/03/22 Page 7 of 8
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
5

Case 1:20-vv-00979-UNJ Document 39 Filed 03/03/22 Page 8 of 8
Respectfully submitted,
PETITIONER:
Jeanttte Lingafelt (Jan 21, 2022 13:27 EST)
JEANETTE LINGAFELT
AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
,M,.e cWJA~UhA.N}c=---__
HEATHER L. PEARLMAN
Z, eib Sayad, P.C. Deputy Director
75 South Broadway, 4TH Floor Torts Branch
White Plains, New York 10601 Civil Division
Tel: 914-729-1110 U.S. Department of Justice
jiin@vaccinelawyers.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
D~ DffSc-1 A/JM,
~I #1'----=:,;t:J::::~~-t--6L-:::;,....:.._~:::::::........::....__
Mk'!
CDR GEORGE REED GRIMES, MD, ST VEN C. SANT
Director, Division oflnjury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08N146B Tel: (202) 451-7675
Rockville, MD 20857 stcvcn.c.santayana@usdoj.gov
Dated: 0 I (?..-S /2,.0 2-'2....
6