# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1381 V

UNPUBLISHED

MEGAN LYNAGH

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: October 15, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for

Petitioner.

Sarah Black Rifkin , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On September 11, 2019

, Megan Lynagh 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 shoulder in jury related to vaccine

administration ( “ SIRVA ” ) from an influenza ( “ flu ” ) vaccine she received on O cto ber 31,

2017

. Petition at ¶ 1

. The case was assigned to the Special Processing Unit of the Office

of Special Masters.

On June 11, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to

compensation for a left SIRVA . On October 14, 2021

, R espondent filed a p roffer on a ward

of compensation (“Proffer”) indicating P etitioner should be awarded $ 81,139.94,

representing compensation in the amount of $80,000 for her pain and suffering and

$1,139.94 for her out

- of

- pocket expenses

. Proffer at 1

- 2

. In the Proffer, R espondent

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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 D ecision 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).2 represented that P etitioner agrees with the proffered award. Id. Based on the record as a

whole, I find that P etitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump

sum payment of $ 81,139 .94 , repre sentin g compensation in the amount of $80,000

for her pain suffering and $1,139.94 for her actual expenses in the form of a check

payable to P etitioner

. This amount represents compensation for all damages that w ould

be available under Section 15 (a)

.

The clerk of the 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

MEG AN LYNAGH,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 19

- 1381V (ECF)

Chief Special Master Corcoran

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On September 11 , 2019

, Meg an Lynagh (“petitioner”) filed a petition for compensation

under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

- 34

(“Vaccine Act” or “Act”) , alleging that s he suffered a S houlder I njury R elated to Vaccine

Administration (“SIRVA”)

, as defined in the Vaccine Injury Table, following administration of

an influenza va ccine s he received o n October 31 , 2017

. On June 9 , 2021 , the Secretary of Health

and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is

appropriate for compensation under the terms of the Act for a SIRVA Table injury , and on June

11 , 2021

, the Chief Special Master issued a Ruling on Entitlement f inding petitioner entit led to

compensation. ECF No. 30; ECF No. 3 1

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 80 ,0 00.00 in pain and suffering

.

See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that s he incurred past unreimbursable

expenses related to her vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbur sable expenses in the amount o f $ 1, 139.94

. See 42 U.S.C. § 300aa

15(a)(1)(B). Petitioner agrees.

These amounts represent all elements of compensation to which petitioner is entitled

under 42 U.S.C. § 300aa

- 15(a)

. Petitioner agrees.

II. Form of the Award

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respondent recommends that the compensation provided to petitioner should be made through a

lump sum payment as described below and requests that the Chief Special Ma ster’s decision and

the Court’s judgment award the following 1 : a lump sum payment of $ 81,139.94

, in the form of a

check payable to petitioner.

III. Summary of Recommended Payments Following Judgment

L ump sum payable to petitioner, Meg an Lynagh : $ 81,139.9 4

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civi l Division

1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court

for appropriate relief. In particular, respondent would oppose any award for future lost earnings

and future pain and suffering.3 DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

s/Sarah B. Rifkin

SARAH B. RIFKIN

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 305

- 5997

Sarah.Rifkin@usdoj.gov

Dated : October 14 , 2021