In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1311V

UNPUBLISHED

AMY MERRIGAN,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: February 21, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Summer Pope Abel, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

petitioner.

Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for 

respondent.

DECISION AWARDING DAMAGES1

On August 29, 2018, Amy Merrigan, 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”) as a result of her October 4, 2017 influneza (“flu”)

vaccine. Petition at 1. The case was assigned to the Special Processing Unit of the 

Office of Special Masters.

On August 9, 2019, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for SIRVA. On February 14, 2020, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $70,478.74 

(representing $70,000.00 in pain and suffering and $478.74 in unreimbursable 

 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

expenses). Proffer at 1-2. In the Proffer, Respondent 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 $70,478.74 (representing $70,000.00 in pain and suffering and

$478.74 in unreimbursable expenses) in the form of a check payable to Petitioner. 

This amount represents compensation for all damages that would be available under § 

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

____________________________________

)

AMY MERRIGAN, ) No. 18-1311V

 ) Chief Special Master Corcoran

 Petitioner, ) ECF

)

v. )

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

)

PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

On August 9, 2019, respondent filed a Vaccine Rule 4(c) report concluding that petitioner 

suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, 

as amended, 42 U.S.C. §§ 300aa-10 to -34. Accordingly, on August 14, 2019, the Chief Special 

Master issued a Ruling on Entitlement. 

Respondent now proffers that, based on the evidence of record, petitioner should be 

awarded $70,478.74. This amount represents all elements of compensation to which petitioner is

entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 

II. Items of Compensation and Form of the Award

The parties recommend that the compensation provided to petitioner should be made 

through a lump sum payment described below, and request that the Chief Special Master’s 

decision and the Court’s judgment award the following: 1

 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 medical 

expenses, future pain and suffering, and future lost wages.
2

A. Petitioner’s Damages

A lump sum payment of $70,478.74 (representing $70,000.00 in pain and suffering and 

$478.74 in unreimbursable expenses) in the form of a check payable to petitioner, Amy 

Merrigan. 

B. Guardianship 

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

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General 

C. SALVATORE D’ALESSIO 

Acting Director 

Torts Branch, Civil Division 

CATHARINE E. REEVES 

Deputy Director 

Torts Branch, Civil Division 

GABRIELLE M. FIELDING

Assistant Director

Torts Branch, Civil Division

/s/ Daniel A. Principato 

DANIEL A. PRINCIPATO 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, D.C. 20044-0146 

Phone: (202) 616-3662 

Fax: (202) 353-2988

Dated: February 14, 2020