# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1 341 V
UNPUBLISHED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 & G ordon, P .A., Manchester, NH , for Petitioner.

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

DECISION AWARDING DAMAGES 1

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
admi nistration (“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 P etitioner entitled to compensation for h er SIRVA

. ECF No. 3 5

. On July 25, 2022

, R espondent filed a p roffer

on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 124,451.10 , representing $ 122,5 00.00 for h er pain and suffering

, $ 329.32 for h er past

expenses , and $1,621.78 for her lost wages

. Proffer at 1

. 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1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 subpara graph 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 $ 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 P etitioner

. This amount represents compensation for all damages that w ould 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 CO URT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

MEGAN MOREY,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. No. 20-1341V (ECF) Chief Sp ecial 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 1 986, 42 U.S.C. §§ 300aa-1 to -34 (the “Vaccine

Act”). Petitioner alleged that petitioner suffer ed from a shoulder inju ry related to vaccine

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

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

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

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

petitioner is entitled to compensa tion. 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 petiti oner should be awarded

$124,451.10. The award is comprised of the fo llowing: $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 enti tled under 42 U.S.C. § 30 0aa-15(a). Petitioner

agrees.2 II. Form of the Award

The parties recommend that compensation provi ded to petitioner should be made through

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

agrees.

Petitioner is a competent adult. Evidence of guardianship is not requ ired 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