# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1311 V

UNPUBLISHED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 A bel , 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 DAMAGES 1

On August 29, 201 8

, 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, 201 9

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

to compensation for SI R VA . On February 14, 2020

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 E

Government 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 o f 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 subpara graph of 42 U.S.C. §

300aa (2012 ).2 expenses)

. Proffer at 1

- 2

. In the Proffer, R espondent 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 $ 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 P etitioner

. This amount represents compensation for all damages that w ould 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. C ompensation 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. Ac cordingly, 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 follow ing : 1

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

for appropriate relief. In particular, r espondent 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 $70,000.0 0 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 Gen eral

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