VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01455
Package ID: USCOURTS-cofc-1_21-vv-01455
Petitioner: Chekesha Goodwin
Filed: 2021-06-10
Decided: 2023-05-08
Vaccine: influenza
Vaccination date: 2020-09-30
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 49978

AI-assisted case summary:
Chekesha Goodwin filed a petition for vaccine compensation on June 10, 2021, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her influenza vaccination on September 30, 2020. The petition stated the vaccine was administered in the United States, that her injury had residual effects for more than six months, and that she had no prior award or settlement for this injury. The respondent denied that the vaccine caused her injury or that she sustained a SIRVA Table injury. On April 3, 2023, the parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Ms. Goodwin was awarded $48,000.00 in a lump sum, payable to Petitioner, and $1,978.17 to reimburse a State of Texas Medicaid lien for services rendered by Anthem Blue Cross and Blue Shield, payable jointly to Petitioner and Anthem. This award represents compensation for all damages available under the Vaccine Act. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Jamica Marie Littles of the U.S. Department of Justice. The case was settled as a Table claim for SIRVA.

Theory of causation field:
Petitioner Chekesha Goodwin alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on September 30, 2020. Respondent denied causation. The parties filed a joint stipulation agreeing to settle the case as a Table claim for SIRVA. Chief Special Master Brian H. Corcoran adopted the stipulation. The award included a lump sum of $48,000.00 to Petitioner and $1,978.17 for reimbursement of a State of Texas Medicaid lien. Petitioner was represented by Jimmy A. Zgheib, and Respondent was represented by Jamica Marie Littles. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the alleged SIRVA diagnosis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01455-0
Date issued/filed: 2023-05-08
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 04/04/2023) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-01455-UNJ Document 38 Filed 05/08/23 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1455V
UNPUBLISHED
CHEKESHA GOODWIN, Chief Special Master Corcoran
Petitioner, Filed: April 4, 2023
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.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 10, 2021, 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 Table injury – Shoulder Injury Related to Vaccine
Administration (“SIRVA”) – as a result of her September 30, 2020 influneza (“flu”)
vaccination. Petition at ¶¶ 4, 20-21; Stipulation, filed at April 3, 2023, ¶¶ 1-2, 4. Petitioner
further alleges the vaccine was administered within the United States, that she suffered
the residual effects of her injury for more than six months, and that there has been no
prior award or settlement of a civil action on her behalf as a result of her injury. See
Petition at ¶¶ 4, 24-26; Stipulation at ¶¶ 4-5. Respondent “denies that the flu vaccine
caused petitioner to suffer a shoulder injury or any other injury or her current condition
and denies that petitioner sustained a SIRVA Table 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 1:21-vv-01455-UNJ Document 38 Filed 05/08/23 Page 2 of 8
Nevertheless, on April 3, 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. A lump sum of $48,000.00 in the form of a check payable to Petitioner;
and
b. A lump sum of $1,978.17, representing reimbursement of a State of Texas
Medicaid lien for services rendered to Petitioner by Anthem Blue Cross
and Blue Shield ("Anthem"), in the form of a check payable jointly to
Petitioner and Anthem:
Anthem
P.O. Box 659940
San Antonio, TX 78265-9939
File No. # 117295620
Petitioner agrees to endorse this check to Anthem.
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.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-01455-UNJ Document 38 Filed 05/08/23 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CHEKESHA GOODWIN, *
*
Petitioner, * No. 21-1455V
* Chief Special Master Corcoran
v. * ECF
*
SECRETARY OF HEALTH AND *
•
HUMAN SERVICES,
*
Respondent.
*************************************
STIPULATION
The parties hereby stipulate to the following matters:
l . Chekesha Goodwin ("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 an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received flu immunizations on September 30, 2020.
3. These vaccines were administered within the United States.
4. Petitioner alleges that he sustained a Shoulder Injury Related to Vaccine
Administration ("SIRVA") as defined in the Table and alleges that she has suffered the residual
effects of her alleged injury 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 his condition.
6. Respondent denies that the flu vaccine caused petitioner to suffer a shoulder injury or

Case 1:21-vv-01455-UNJ Document 38 Filed 05/08/23 Page 4 of 8
any other injury or her current condition and denies that petitioner sustained a SIRVA Table
mJury.
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 has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payments:
A. A lump sum ofS48,000.00 in the form of a check payable to petitioner; and
B. A lump sum of $1,978.17, 1 representing reimbursement of a State of Texas
Medicaid Jien for services rendered to petitioner by Anthem Blue Cross and Blue
Shield ("Anthem"), in the form of a check payable jointly to petitioner and
Anthem:
Anthem
P.O. Box 659940
San Antonio, TX 78265-9939
File No. # 117295620
Petitioner agrees to endorse this check to Anthem.
These amounts represent 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
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action Anthem may have against any individual as a result of any Medicaid payments
Anthem has made to or on behalf of Chekesha Goodwin as a result of her alleged vaccine-related
injury suffered on or about September 30, 2020, under Title XIX of the Social Security Act,~
42 U.S.C. § 300aa-l5(g), (h).
2

Case 1:21-vv-01455-UNJ Document 38 Filed 05/08/23 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.
10. Petitioner and her 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.
11. Payments 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 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, Joss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
3

Case 1:21-vv-01455-UNJ Document 38 Filed 05/08/23 Page 6 of 8
brought in the Court of Federal 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, a flu vaccination administered on September 30, 2020, as
alleged by petitioner in a petition for vaccine compensation filed on or about June IO, 2021, in
the United States Court of Federal Claims as petition No. 21•1455V.
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 shaJl not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused or significantly aggravated
petitioner's alleged shoulder injury, or any other injury or her current condition.
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Case 1:21-vv-01455-UNJ Document 38 Filed 05/08/23 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 1:21-vv-01455-UNJ Document 38 Filed 05/08/23 Page 8 of 8
Respectfully submitted,
PETITIONER:
Chekesha. Good.win
Chekesha Goodwin (Mar 28, 2023 08:36 POT)
CHEKESHA GOODWIN
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
,.41-10:-,H\A/\¥-Pw.vv-----
HEATHER L. PEARLMAN
ttorney for etitioner Deputy Director
Zgheib Sayadm, P.C. Torts Branch, Civil Division
75 South Broadway, 4th Floor U.S. Department of Justice
White Plains, NY 10601 P.O. Box 146
Telephone: (914) 729-1110 Benjamin Franklin Station
Email: jim@vaccinelawyers.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Henry P Olgltolly sign,<i t,y llt<>,y
• P.Mcnal~·Sl
by_ _ Mc _ mil _ lan _ -S _ 3 ~_20_2J.or_noa:S_6:12 __ ~J{ls- -
CDR GEORGE GRIMES, MD, MPH
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S.DepartmentofJustice
Health Resources and Services Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08N 146B (202) 305-4014
Rockville, MD 20857 jamica.m.littles@usdoj.gov
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