In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1381V

UNPUBLISHED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 DAMAGES1

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 injury related to vaccine 

administration (“SIRVA”) from an influenza (“flu”) vaccine she received on October 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 Petitioner entitled to 

compensation for a left SIRVA. On October 14, 2021, Respondent filed a proffer on award 

of compensation (“Proffer”) indicating Petitioner 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, Respondent 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012).
2

represented that Petitioner agrees with the proffered award. Id. Based on the record as a 

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

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

sum payment of $81,139.94, representing 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 Petitioner. This amount represents compensation for all damages that would 

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

MEGAN 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, Megan 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 she suffered a Shoulder Injury Related to Vaccine 

Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of 

an influenza vaccine she received on 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 finding petitioner entitled to 

compensation. ECF No. 30; ECF No. 31.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $80,000.00 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 she incurred past unreimbursable 

expenses related to her vaccine-related injury. Respondent proffers that petitioner should be 

awarded past unreimbursable expenses in the amount of $1,139.94. See 42 U.S.C. § 300aa15(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 Master’s decision and 

the Court’s judgment award the following1: a lump sum payment of $81,139.94, in the form of a 

check payable to petitioner. 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Megan Lynagh: $81,139.94

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, Civil 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