In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1341V

UNPUBLISHED

MEGAN MOREY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: July 28, 2022

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Heather Varney Menezes, Shaheen & Gordon, P.A., Manchester, NH, for Petitioner.

Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On October 7, 2020, Megan Morey 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 left shoulder injury related to vaccine 

administration (“SIRVA”), a defined Table injury, after receiving an influenza (“flu”) 

vaccine on March 4, 2019. Petition at 1, ¶ 3. The case was assigned to the Special 

Processing Unit of the Office of Special Masters.

On June 30, 2022, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for her SIRVA. ECF No. 35. On July 25, 2022, Respondent filed a proffer 

on award of compensation (“Proffer”) indicating Petitioner should be awarded 

$124,451.10, representing $122,500.00 for her pain and suffering, $329.32 for her past 

expenses, and $1,621.78 for her lost wages. Proffer at 1. 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1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 $124,451.10, representing $122,500.00 for her pain and suffering, 

$329.32 for her actual unreimburseable expenses, and $1,621.78 for her lost wages

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 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 MOREY, 

 

 Petitioner, 

v. 

 

SECRETARY OF HEALTH 

AND HUMAN SERVICES, 

 

 Respondent. 

 No. 20-1341V (ECF) 

 Chief Special Master Corcoran 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 7, 2020, Megan Morey (“petitioner”) filed a petition for compensation under 

the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (the “Vaccine 

Act”). Petitioner alleged that petitioner suffered from a shoulder injury related to vaccine 

administration (“SIRVA”) resulting from an influenza vaccination. ECF No. 1 at 1. 

On June 29, 2022, respondent filed a report conceding that compensation under the 

Vaccine Act is appropriate in this case. ECF No. 34. 

On June 30, 2020, the Chief Special Master issued a Ruling on Entitlement, finding that 

petitioner is entitled to compensation. ECF No. 35. On the same date, the Chief Special Master 

issued a Damages Order. ECF No. 36. 

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded 

$124,451.10. The award is comprised of the following: $122,500.00 for pain and suffering; 

$329.32 for past expenses; and $1,621.78 for lost wages. This amount represents all elements of 

compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner 

agrees. 
2 

II. Form of the Award

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

a lump sum payment of $124,451.10, in the form of a check payable to petitioner. Petitioner 

agrees. 

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

 Respectfully submitted, 

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney General 

C. SALVATORE D’ALESSIO 

Acting Director 

Torts Branch, Civil Division 

HEATHER L. PEARLMAN 

Deputy Director 

Torts Branch, Civil Division 

DARRYL R. WISHARD 

Assistant Director 

Torts Branch, Civil Division 

 /s/ Naseem Kourosh 

 NASEEM KOUROSH 

 Trial Attorney 

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146, Benjamin Franklin Station 

 Washington, D.C. 20044-0146 

 Telephone: (202) 305-1159 

E-mail: Naseem.Kourosh@usdoj.gov 

DATED: July 25, 2022