KHDIER v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:24-vv-01453-UNJ Document 29 Filed 11/10/25 Page1of8

In the Anited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 24-1453V

RANYA KHDIER, Chief Special Master Corcoran

Petitioner, Filed: October 8, 2025
V.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

Alison Haskins, Siri & Glimstad, LLP, Aventura, FL, for Petitioner.
Nathaniel Trager, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION’

On September 18, 2024, Ranya Khdier filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, ef seq.” (the
“Vaccine Act”). Petitioner alleges that she suffered shoulder injuries related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on August
13, 2023. Petition at 1; Stipulation, filed at October 6, 2025, J] 1, 2. Petitioner further
alleges that the vaccine was administered within the United States, that she sustained an
injury within the time period set forth in the Vaccine Injury Table, that she experienced the
residual effects of her condition for more than six months, and that there has been no
award or settlement of a civil action for damages on her behalf as a result of her injury.
Petition at 1, 9; Stipulation at J} 1-5. Respondent denies that the flu vaccine caused
Petitioner to suffer a right shoulder injury or any other injury or her current condition and
denies that Petitioner sustained a SIRVA table injury. Stipulation at J 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:/Awww.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, |
agree that the identified material fits within this definition, | 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).

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

2
Nevertheless, on October 6, 2025, the parties filed the attached joint stipulation,3
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 $30,666.82, to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement to
Petitioner; and
B. A lump sum of $2,433.18, representing reimbursement of a Medicaid
lien for services to Petitioner by the State of North Carolina, in the form
of a check payable jointly to Petitioner and
Optum
PO Box 182643
Columbus, OH 4321802643
Tax ID: 41-1858498
Ref: Ranya Khdier, Event ID: 143093801
Petitioner agrees to endorse this check to the Optum.
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 The Dropbox Sign signature page located at page 7 is omitted from the attached copy of the stipulation.
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.
Case 1:24-vv-01453-UNJ Document 29 Filed 11/10/25 Page 2 of 8

Case 1:24-vv-01453-UNJ Document 29 Filed 11/10/25 Page3of8

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

RANYA KHDIER,

Petitioner, No. 24-1453V

Chief Special Master Corcoran

V. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

1. Ranya Khdier (“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 August 13, 2023.

3. The vaccine was administered within the United States.

4. Petitioner alleges that petitioner suffered a shoulder injury related to vaccine
administration (“SIRVA”) within the time period set forth in the Table. 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.

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6. Respondent denies that the flu vaccine caused petitioner to suffer a right shoulder
injury or any other injury or his current condition and denies that petitioner sustained a SIRVA
table 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 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-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payments for all damages that would be available under 42
U.S.C. § 300aa-15(a):

A. A lump sum payment of $30,666.82 to be paid through an ACH
deposit to petitioner’s counsel’s IOLTA account for prompt
disbursement to petitioner.

B. A lump sum of $2,433.18,' representing reimbursement of a
Medicaid lien for services rendered to petitioner by the State of
North Carolina, in the form of a check payable jointly to
petitioner and:

Optum

PO Box 182643

Columbus, OH 4321802643

Tax ID: 41-1858498

Ref: Ranya Khdier, Event ID: 143093801

Petitioner agrees to endorse this check to Optum.

' This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of North Carolina, North Carolina Medicaid, and/or Optum have made
to or on behalf of Ranya Khdier as a result of her alleged vaccine-related injury suffered on or
about August 13, 2023, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g),

(h).

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Case 1:24-vv-01453-UNJ Document 29 Filed 11/10/25 Page5of8

9. As soon as practicable after the entry of judgment 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.

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 (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 attorney’s 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 described in paragraphs 8 and 9, petitioner, in petitioner’s
individual capacity, and on behalf of petitioner’s 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

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Case 1:24-vv-01453-UNJ Document 29 Filed 11/10/25 Page6of8

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
August 13, 2023, as alleged in a petition for vaccine compensation filed on or about September
18, 2024, in the United States Court of Federal Claims as petition No. 24-1453V.

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.

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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 Table
SIRVA 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

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Case 1:24-vv-01453-UNJ Document 29

Respectfully submitted,

PETITIONER:

hue

RANYA KHDIER

ATTORNEY OF RECORD FOR
PETITIONER:

Nua OeA—__

JSON HASKINSL/
SHfi Glimstad
20200 West Dixie Highway, Suite 902
Aventure, FL 33180
Phone: 786-949-5875
Email: AHaskins@sirillp.com

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH
AND HUMAN SERVICES:

Digitally signed by Jeffrey S. Beach -S

Jeffrey S.
Date: 2025.09.16 12:05:48 -04'00"

Beach -S for

CAPT GEORGE REED GRIMES, MD, MPH
Director, Division of Injury
Compensation Programs
Health Systems Bureau
Health Resources and Services
Administration
U.S. Department of Health
and Human Services
5600 Fishers Lane, 14W-18
Rockville, MD 20857

Dated: O Apher S 20725

Filed 11/10/25 Page 8of8

AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:

Hoadusry L.
Vo Qh ‘cS Oa —

HEATHER L. PEARLMAN
Deputy Director

Torts Branch

Civil Division

U.S. Department of Justice
P.O. Box 146

Benjamin Franklin Station
Washington, DC 20044-0146

ATTORNEY OF RECORD FOR
RESPONDENT:

stud Vege
NATHANIEL M. TRAGER
Trial Attorney

Torts Branch

Civil Division

U.S. Department of Justice
P.O. Box 146

Benjamin Franklin Station
Washington, DC 20044-0146
Phone: (202) 305-3912
Email: Nathaniel. Trager@usdoj.gov

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