VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00650 Package ID: USCOURTS-cofc-1_24-vv-00650 Petitioner: Mahya Sheikhzadeh Filed: 2024-04-24 Decided: 2025-09-24 Vaccine: influenza; COVID-19 Vaccination date: 2022-12-08 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 36131 AI-assisted case summary: On April 24, 2024, Mahya Sheikhzadeh filed a petition alleging a shoulder injury related to vaccine administration after vaccinations on December 8, 2022. The stipulation identifies an influenza vaccine as the Vaccine Program claim and notes that a COVID-19 vaccine was administered concurrently; Ms. Sheikhzadeh waived any COVID-19-related claim within this case. Respondent denied that Ms. Sheikhzadeh sustained a Table SIRVA, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was vaccine related. The public decision is limited to the stipulation and does not describe onset, medical treatment, imaging, physical therapy, or functional limitations. Chief Special Master Brian H. Corcoran adopted the parties' stipulation on September 24, 2025. Ms. Sheikhzadeh was awarded a lump sum of $36,131.00 through counsel's IOLTA account for all Vaccine Act damages. She was represented by Bridget Candace McCullough of Muller Brazil, LLP. Theory of causation field: Influenza vaccine with concurrent COVID-19 vaccine, December 8, 2022, adult inferred, alleged SIRVA from flu vaccine; COVID-19 claim waived to avoid CICP conflict. COMPENSATED by stipulation. Respondent denied Table SIRVA, flu causation, and current sequelae. Public stipulation gives no onset/treatment/imaging details. Award: $36,131 lump sum by ACH to counsel IOLTA for all Section 15(a) damages. Chief Special Master Corcoran September 24, 2025. Attorney Bridget Candace McCullough; respondent Lauren Kells. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00650-0 Date issued/filed: 2025-10-28 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 09/24/2025 ) regarding 25 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00650-UNJ Document 29 Filed 10/28/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-650V MAHYA SHEIKHZADEH, Chief Special Master Corcoran Petitioner, v. Filed: September 24, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 24, 2024, Mahya Sheikhzadeh 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 December 8, 2022, Petitioner received an influenza (“flu”) vaccine, a vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”) as defined in the Table; she further alleges that the vaccine caused her alleged shoulder injury, and that she suffered the residual effects of her alleged injury for more than six months. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine was the cause-in-fact of Petitioner’s alleged shoulder injury, or any other injury; and denies that her 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 (2018). Case 1:24-vv-00650-UNJ Document 29 Filed 10/28/25 Page 2 of 8 Nevertheless, on September 24, 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 $36,131.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation ¶ 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 1:24-vv-00650-UNJ Document 29 Filed 10/28/25 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MAHYA SHEIKHZADEH, Petitioner, No. 24-650V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent STIPULATION The parties hereby stipulate to the following matters: 1. Mahy a Sheikhzadeh ("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 a flu vaccine on December 8, 2022.1 3. The vaccine was administered within the United States. 1 On December 8, 2022, petitioner also received a COVID-19 vaccine. Vaccines against COVID-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. § 100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 colDltenneasures, including vaccines, may be compensable under the Countermeasures Injury Compensation Program ("CICP''). See 85 Fed. Reg. 15198, 15202 (March 17, 2020). Case 1:24-vv-00650-UNJ Document 29 Filed 10/28/25 Page 4 of 8 4. Petitioner alleges that petitioner suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of the flu vaccine. Petitioner further alleges that petitioner suffered the residual effects of the 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 petitioner's behalf as a result of the alleged injury. 6. Respondent denies that petitioner's alleged SIRVA or its residual effects were caused-in-fact by the flu vaccine; and denies that the flu vaccine caused petitioner any other injury or petitioner's 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 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-21 (a}(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $36,131.00 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-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) (1), 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. 2 Case 1:24-vv-00650-UNJ Document 29 Filed 10/28/25 Page 5 of 8 10. Petitioner and petitioner's 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. 11. Payment 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 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-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 descnbed in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf ofp etitioner's heirs, executors, administrators, successors or assigns, (a) 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 hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., (i) 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 3 Case 1:24-vv-00650-UNJ Document 29 Filed 10/28/25 Page 6 of 8 petitioner resulting from, or that may be alleged to have resulted from, the vaccinations administered on December 8, 2022, and (ii) that petitioner has had, now has, or hereafter may have with respect to the injury that gave rise to the petition for vaccine compensation filed on or about April 24, 2024, in the United States Court of Federal Claims as petition No. 24-650V; and (b) waives any and all rights to any compensation that may be available under the Countermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action under42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered coW1termeasure, including the COVID-19 vaccination administered on December 8, 2022, on its own or in combination with the flu vaccination administered on December 8, 2022, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about April 24, 2024, in the United States Court of Federal Claims as petition 24-650V, including a SIRVA, for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner hereby withdraws such claim for compensation in the CICP. 2 If no claim for compensation has been filed in the CICP as of the date this Stipulation is filed, petitioner waives the right to file a claim as described in this paragraph for compensation in the CICP. 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 2 After entry of judgment reflecting a decision consistent with the terms of this Stipulation, petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's withdrawal of their CICP claim and waiver of any potential compensation under the CICP. 4 Case 1:24-vv-00650-UNJ Document 29 Filed 10/28/25 Page 7 of 8 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. 1 7. 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 injury or any other injury or petitioner's current disabilities. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I 5 Case 1:24-vv-00650-UNJ Document 29 Filed 10/28/25 Page 8 of 8 Respectfully submitted, PETITIONER: MAHYA SHEIKHZADEH AITORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE P ER: OF THE AT IORNEY GENERAL: 4J~¥-f~ HEATIIER L. PEARLMAN Deputy Director gRoad, Suite 20 Torts Branch Dresher, PA 19025 Civil Division (215) 885-1655 U.S. Department of Justice bridget@mullerbrazil.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATIORNEYOFRECORDFOR OF THE SECRETARY OF HEAL1ll RESPONDENT: AND HUMAN SERVICES: Jeffrey S. IIIM!,.._...,_,s._-s Beach -S --·•·~•"7- for CAPT GEORGE REED GRIMES, MD, MPH ~ KELLS Director, Division of Injury 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, l4W-18 202-6 I 6-41 87 Rockville, MD 20857 lauren.kells@usdoj.gov 6