VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00329
Package ID: USCOURTS-cofc-1_21-vv-00329
Petitioner: Mohamed Hendawi
Filed: 2021-01-08
Decided: 2023-09-29
Vaccine: influenza
Vaccination date: 2018-10-30
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Mohamed Hendawi filed a petition for vaccine compensation on January 8, 2021, alleging injury from an influenza vaccine he received on October 30, 2018. He claimed to have sustained a left shoulder injury related to vaccine administration (SIRVA) within the Table time period, or alternatively, that the vaccine was the cause-in-fact of his injury, and that he experienced residual effects for more than six months. The respondent denied that Mr. Hendawi sustained a SIRVA Table injury, denied that the vaccine caused his shoulder injury or any other injury, and denied that his condition was a sequela of a vaccine-related injury. Despite these contested positions, the parties filed a joint stipulation on August 29, 2023, agreeing to settle the case. Chief Special Master Corcoran adopted the stipulation as the decision, awarding Mr. Hendawi a lump sum of $45,000.00 as compensation for all damages available under the Vaccine Act. This award represents a negotiated settlement of liability and damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00329-0
Date issued/filed: 2023-09-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/29/2023) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00329-UNJ Document 42 Filed 09/29/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0329V
MOHAMED HENDAWI, Chief Special Master Corcoran
Petitioner,
v. Filed: August 29, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 8, 2021, Mohamed Hendawi filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the
“Vaccine Act”). On October 30, 2018, Petitioner received an influenza (“flu”) vaccine,
which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
Petitioner alleges that he sustained a left shoulder injury related to vaccine administration
(“SIRVA”) within the Table time period after receiving the flu vaccine, or alternatively, that
the flu vaccine was the cause-in-fact of his alleged left shoulder injury; and that he
experienced the residual effects of this condition for more than six months.
Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the
flu vaccine caused Petitioner’s alleged shoulder injury or any other injury; and denies that
his current condition is a sequela of a vaccine-related injury.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of
2002. 44 U.S.C. § 3501 note (2018) (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 1:21-vv-00329-UNJ Document 42 Filed 09/29/23 Page 2 of 7
Nevertheless, on August 29, 2023, 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 $45,000.00 in the form of a check payable to Petitioner. This
amount represents compensation for all items of damages that would be available
under Section 15(a). Stipulation at ¶ 8.
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.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 1:21-vv-00329-UNJ Document 42 Filed 09/29/23 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MOHAMED HENDAW I, )
)
Petitioner, )
) No. 21-329V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALT II AND )
HUMAN SERVICES, )
)
Respondent )
smUI..ATION
The parties hereby stipulate to the following matters:
l. Mohamed Hcndawi ("petitionc:f') 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 an injury allegedly related to petitioner's receipt
of the influema ("fluj 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 30, 2018, in his left arm.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he sustained a left shoulder injury related to vaccine
administration ("SIRVA") within the Table time period after receiving the flu vaccine, or
alternatively that the flu vaccine was the cause-in-fact of his alleged left shoulder injury; and that
he experienced the residual effects of this condition for more than six months.
5. Petitioner represents that there bas been no prior award or settlement of a civil
action for damages on bis behalf as a result of his alleged injury.

Case 1:21-vv-00329-UNJ Document 42 Filed 09/29/23 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injw:y, denies that the
vaccine caused petitioncr•s alleged shoulder injury or any other injury; and denies that bis
current condition is a sequela of a vaccine-related injury.
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 ofj udgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner bas filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-21 (a)(l), the Secretary ofH ealth and Human
Services will issue the following vaccine compensation payment:
A lump sum of $45,000.00 in the form ofa 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 ofj udgment 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)(l). and an application. the parties will submit to further proceedings
before the special master to award reasonable attorneys• fees and costs incUITCd in proceeding
upon this petition.
10. Petitioner and bis 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 (o ther than Title XIX of the Social Security Act (4 2 U .S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.

Case 1:21-vv-00329-UNJ Document 42 Filed 09/29/23 Page 5 of 7 •
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-l S(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 unreimbursablc 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 payment 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 ofF ederal Claims, under the National Vaccine Injury Compensation
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 30, 2018, as
alleged by petitioner in a petition for vaccine compensation filed on or about January 8, 2021, in
the United States Court of Federal Claims as petition 21-329V.
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 of the parties.

Case 1:21-vv-00329-UNJ Document 42 Filed 09/29/23 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the
tenns 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 ~lcte negotiated settlement ofliabi1ity
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 SIRVA,
or any other injury, or his current condition, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administntors, successors, and/or assigns.
END OF STIPULATION

Case 1:21-vv-00329-UNJ Document 42 Filed 09/29/23 Page 7 of 7
Rcspcctfully submitted,
PETITIONER:
MO D AWI
ATIORNEYOFRECORD AUTHORIZED REPRESENTATIVE
~ 7 .~ OF THE ATTORNEY GENERAL:
. Me r~~f?u .LAM-----..
LEAH V. DURANT. ESQ. HEATHER L. PEARLMAN
Law Offices of Leah V. Durant, PLLC Deputy Director
1717 K Street NW, Suite 900 Torts Branch
Washington. DC 20006 Civil Division
Tel: 202-775-9200 U.S. Department ofJ ustice
1durant@durantllc.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEYOFRECORDFOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND BUMAN SERVICES:
He nry P. Clglllllyaigtledbylten,y
=,.Mc,:mi111n-ss
by Mcmillan -53 2023.oe.om~m•
CDR GEORGE REED GRIMES, MD, MPH VENC.
Director, Division of Injury Trial
A.tror1t1ey
Compensation Programs Torts Branc
Health Systems Bw-eau 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, 08Nl46B Tel: (202) 451-7675
Rockville, MD 20857 sleven.c.santayana@.~ doj.gov
g ( 9/ioi 3
i,
Dated: