VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00653
Package ID: USCOURTS-cofc-1_22-vv-00653
Petitioner: Razia Khan
Filed: 2022-06-14
Decided: 2025-04-24
Vaccine: influenza
Vaccination date: 2020-10-11
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 63000

AI-assisted case summary:
Razia Khan filed a petition for compensation under the National Vaccine Injury Compensation Program on June 14, 2022, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving the flu vaccine on October 11, 2020. She further alleged that the residual effects of this injury lasted for more than six months. Respondent denied that Ms. Khan sustained a Table SIRVA injury or that the flu vaccine caused her alleged injury. Despite these denials, the parties filed a joint stipulation on March 17, 2025, agreeing to settle the case and award compensation. The Chief Special Master adopted the stipulation as the decision, awarding Ms. Khan a lump sum of $63,000.00. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act. The parties also agreed to submit to further proceedings to award reasonable attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00653-0
Date issued/filed: 2025-04-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/24/2025) regarding 45 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:22-vv-00653-UNJ Document 46 Filed 04/24/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-653V
RAZIA KHAN, Chief Special Master Corcoran
Petitioner, Filed: March 24, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Michael Avrim Firestone, Marvin Firestone, MD, JD and Associates, San Mateo, CA, for
Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 14, 2022, Razia Khan 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”) within the Table time period after receiving the flu vaccine on
October 11, 2020. Petition at 1; Stipulation, filed March 17, 2025, at ¶¶ 2, 4. Petitioner
further alleges that she experienced the residual effects of this injury for more than six
months. Petition at ¶ 20; Stipulation at ¶¶ 4, 5. “Respondent denies that Petitioner
sustained a Table SIRVA injury, and further denies that the flu vaccine caused petitioner’s
alleged left shoulder injury, any other injury, or her current condition ” Stipulation at ¶ 6.
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 (2018).

Case 1:22-vv-00653-UNJ Document 46 Filed 04/24/25 Page 2 of 7
Nevertheless, on March 17, 2025, 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 $63,000.00, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement 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.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.

Case 1:22-vv-00653-UNJ Document 46 Filed 04/24/25 Page 3 of 7
lfn tbe Wntteb $)tates QI:ourt of jfe beral QI:latms
OFFICE OF SPECIAL MASTERS
RAZIA KHAN,
Petitioner,
Case No. 22-653V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEAL TH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Razia Khan, 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 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 11, 2020.
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
alleges that she experienced the residual effects of this 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 her alleged injuries.

Case 1:22-vv-00653-UNJ Document 46 Filed 04/24/25 Page 4 of 7
6. Respondent denies that petitioner sustained a Table SIRVA injury, and futther
denies that the flu vaccine caused petitioner's alleged left shoulder injury, 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-2 l (a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $63,000.00 to be paid through an ACH deposit to petitioner's counsel's
IOLTA account for prompt disbursement to petitioner. This amount represents
compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a).
9. As soon as practicable after the entry of judgment 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 incurred in proceeding
upon this petition.
I 0. 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-l 5(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.
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Case 1:22-vv-00653-UNJ Document 46 Filed 04/24/25 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 5(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-l 5(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
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 11, 2020, as
alleged by petitioner in a petition for vaccine compensation filed on or about June 14, 2022, in
the United States Court of Federal Claims as petition No. 22-653Y.
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.
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Case 1:22-vv-00653-UNJ Document 46 Filed 04/24/25 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's alleged left
shoulder injury or any other injury or her 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, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:22-vv-00653-UNJ Document 46 Filed 04/24/25 Page 7 of 7
Respectfully submitted,
PETITIONER:
RAZIAKHAN
AT IORNEY OF RECORD FOR AUTHORIED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
PETIT~
17n • 'lit1
i-ft~fR.JA(/'
MICH~
Marvin Firestone, MD, JD & Assocs., LLP Deputy Director
1700 S. El Camino Real, Suite 408 Torts Branch, Civil Division
San Mateo, CA 94402 U.S. Department of Justice
Michael@LawMDJD.com P.O. Box 146
(650) 212-4900 Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF REAL TH
AND HUMAN SERVICES:
s.
Jeffrey
Digitally signed by
-S Jeffrey S. Beach ·S
Beach Date: 2025.03.0413:45:26
for
;05•00·
CAPT GEORGE REED GRIMES, MD, MPH MARK K. HELLI£
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and P.O. Box 146
Services Administration Benjamin Franklin Station
U.S. Department ofHealth and Washington, DC 20044-0146
Human Services mark.hellie@usdoj.gov
5600 Fishers Lane,08W-25A (202) 616-4208
Rockville, MD 20857
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