VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01053 Package ID: USCOURTS-cofc-1_20-vv-01053 Petitioner: Hansaben Anand Filed: 2020-06-28 Decided: 2022-07-29 Vaccine: influenza Vaccination date: 2019-11-01 Condition: left shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 76611 AI-assisted case summary: Hansaben Anand filed a petition for compensation under the National Vaccine Injury Compensation Program on August 21, 2020, alleging a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on November 1, 2019. Ms. Anand stated that the vaccine was administered in the United States, her condition persisted for more than six months, and she had not received a prior award or settlement. The respondent denied that Ms. Anand sustained a SIRVA Table injury or any other injury, and denied that the vaccine caused her alleged shoulder injury or any other injury, or that her current condition was a sequela of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation on June 27, 2022, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the court's decision. The award includes a lump sum of $4,611.49 to reimburse a Medicaid lien for services rendered by the State of New York, payable jointly to Ms. Anand and the Department of Social Services. Additionally, a lump sum of $72,000.00 was awarded, payable to Ms. Anand, representing compensation for all other damages. The total award amounts to $76,611.49. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Hansaben Anand alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on November 1, 2019. The respondent denied a Table injury or any vaccine causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The award was $4,611.49 for a Medicaid lien and $72,000.00 for other damages, totaling $76,611.49. The public text indicates a "SIRVA Table injury" was alleged, suggesting a potential "Table" theory of causation, but does not detail the specific mechanism or expert testimony. Petitioner was represented by Jimmy A. Zgheib, and respondent by Camille Michelle Collett. Decision date: July 29, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01053-0 Date issued/filed: 2022-07-29 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 06/28/2022) regarding 37 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01053-UNJ Document 41 Filed 07/29/22 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1053V UNPUBLISHED HANSABEN ANAND, Chief Special Master Corcoran Petitioner, Filed: June 28, 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. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 21, 2020, Hansaben Anand 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”) resulting from the adverse effects of an influenza vaccine received on November 1, 2019. Petition at 1; Stipulation, filed June 27, 2022, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, she experienced the effects of her condition for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of her condition. Petition at ¶¶ 4, 26-28; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury or any other injury; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 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-01053-UNJ Document 41 Filed 07/29/22 Page 2 of 8 Nevertheless, on June 27, 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. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A. A lump sum of $4,611.493 representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of New York, in the form of a check payable jointly to Petitioner and DEPARTMENT OF SOCIAL SERVICES (Case No. 962727): New York City Human Resources Administration Division of Liens and Recovery P.O. Box 414799 Boston, MA 02241-4799 Petitioner agrees to endorse this check to the NYC Department of Social Services. B. A lump sum of $72,000.00 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 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 Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of New York may have against any individual as a result of any Medicaid payments the NYC Program has made to or on behalf of Hansaben Anand as a result of her allege vaccine-related injury suffered on or about November 1, 2019, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa- 15(g), (h). 4 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-01053-UNJ Document 41 Filed 07/29/22 Page 3 of 8 Case 1:20-vv-01053-UNJ Document 41 Filed 07/29/22 Page 4 of 8 Case 1:20-vv-01053-UNJ Document 41 Filed 07/29/22 Page 5 of 8 Case 1:20-vv-01053-UNJ Document 41 Filed 07/29/22 Page 6 of 8 Case 1:20-vv-01053-UNJ Document 41 Filed 07/29/22 Page 7 of 8 Case 1:20-vv-01053-UNJ Document 41 Filed 07/29/22 Page 8 of 8