Lotfi Fard V Secretary Of Health And Human Services
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-1627V
NAZEER LOTFI-FARD, Chief Special Master Corcoran
Petitioner, Filed: June 24, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Stephen Bosak, Gembala, McLaughlin & Pecora Co., LPA OH, Sheffield Village, OH,
for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 21, 2023, Nazeer Lotfi-Fard filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”), which he amended on April 26, 2024. Petitioner alleges that he suffered
a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza
vaccine received on September 21, 2020. Amended Petition at 1; Stipulation, filed June
24, 2025, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the
United States, he experienced residual effects of his injury for more than six months, and
there has been no prior award or settlement of a civil action for damages as a result of
his injury or condition. Amended Petition at ¶¶ 2, 10, 12; Stipulation at ¶¶ 3-5.
“Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner’s alleged left shoulder injury or any other injury; and denies that
his current condition is a sequela of a vaccine-related injury.” 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).
Nevertheless, on June 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 $4,750.00, 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.
2