VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01995
Package ID: USCOURTS-cofc-1_17-vv-01995
Petitioner: Heather Lynch
Filed: 2017-12-20
Decided: 2019-08-28
Vaccine: Tdap
Vaccination date: 2016-07-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55049

AI-assisted case summary:
Heather Lynch filed a petition for compensation on December 20, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on July 12, 2016. The respondent filed a Rule 4(c) report on April 5, 2019, conceding that Ms. Lynch was entitled to compensation. The respondent determined that her injury was consistent with SIRVA caused by the vaccination and that she met all legal prerequisites for compensation under the Vaccine Act. On April 10, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Lynch entitled to compensation. Subsequently, on June 6, 2019, the respondent filed a proffer on the award of damages, which Ms. Lynch agreed to. Based on this proffer, Chief Special Master Dorsey issued a decision on August 28, 2019, awarding Ms. Lynch a total of $55,049.87. This award consisted of a lump sum payment of $55,049.87, comprising $55,000.00 for pain and suffering and $49.87 for past unreimbursable expenses. Additionally, a lump sum payment of $2,971.02 was awarded to satisfy a Medicaid lien. The total award was $55,049.87. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice. The case was treated as a Table injury claim.

Theory of causation field:
Petitioner Heather Lynch alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on July 12, 2016. The respondent conceded entitlement to compensation, agreeing that the injury was consistent with SIRVA caused by the vaccination and that all legal prerequisites were met. The case was treated as a Table injury claim. The decision on entitlement was issued by Chief Special Master Nora Beth Dorsey on April 10, 2019. A subsequent decision on damages, based on a proffer agreed to by both parties, was issued by Chief Special Master Dorsey on August 28, 2019. The award included $55,000.00 for pain and suffering, $49.87 for past unreimbursable expenses, and $2,971.02 to satisfy a Medicaid lien, totaling $55,049.87. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Jennifer Leigh Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01995-0
Date issued/filed: 2019-06-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/10/2019) regarding 26 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01995-UNJ Document 35 Filed 06/21/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1995V
Filed: April 10, 2019
UNPUBLISHED
HEATHER LYNCH,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Tetanus Diphtheria
SECRETARY OF HEALTH AND acellular Pertussis (Tdap) Vaccine;
HUMAN SERVICES, Shoulder Injury Related to Vaccine
Administration (SIRVA)
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 20, 2017, petitioner 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”) following a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccine administered on July 12, 2016. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling 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, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such material from
public access. Because this unpublished ruling contains a reasoned explanation for the action in this
case, undersigned is 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).
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).

Case 1:17-vv-01995-UNJ Document 35 Filed 06/21/19 Page 2 of 2
On April 5, 2019, respondent filed his Rule 4(c) report in which he concedes that
petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
Specifically, respondent has determined that petitioner’s injury is consistent with a
SIRVA that was caused by the administration of petitioner’s vaccination. Id. at 4.
Respondent further agrees that petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01995-1
Date issued/filed: 2019-08-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/07/2019) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01995-UNJ Document 36 Filed 08/28/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1995V
Filed: June 7, 2019
UNPUBLISHED
HEATHER LYNCH,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Tetanus Diphtheria acellular
SECRETARY OF HEALTH AND
Pertussis (Tdap) Vaccine; Shoulder
HUMAN SERVICES,
Injury Related to Vaccine
Administration (SIRVA)
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 20, 2017, petitioner 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”) following a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccination on July 12, 2016. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 10, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a SIRVA. On June 6, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $55,00.00 in actual
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
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, the
undersigned agrees that the identified material fits within this definition, the undersigned will redact such
material from public access. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is 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).
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).

Case 1:17-vv-01995-UNJ Document 36 Filed 08/28/19 Page 2 of 5
and projected pain and suffering, $49.87 for past unreimbursable expenses, and
$2,971.02 for full satisfaction of a Medicaid lien. Proffer at 1-2. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Id. Based on
the record as a whole, the undersigned finds that petitioner is entitled to an award as
stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner:
a. A lump sum payment of $55,049.87 in the form of a check payable to
petitioner, Heather Lynch (consisting of $55,00.00 for pain and suffering
and $49.87 for unreimbursable expenses). This amount represents
compensation for all damages that would be available under § 300aa-15(a),
except as set forth in paragraph b; and,
b. A lump sum payment of $2,971.02, representing compensation for
satisfaction of a lien for services rendered on behalf of petitioner, in the
form of a check payable jointly to petitioner and
Meridian Resource Company LLC
Attn: Subrogation Department
P.O. Box 659940
San Antonio, TX 78265-9939
File No. 75538498
Petitioner agrees to endorse this payment to the appropriate State agency.
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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.
2

Case 1:17-vv-01995-UNJ Document 36 Filed 08/28/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
HEATHER LYNCH,
Petitioner, No. 17-1995V
v. Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On December 20, 2017, Heather Lynch (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on April 5, 2019. Based on Respondent’s Rule 4(c)
Report the Chief Special Master found petitioner entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $55,000.00 in actual and projected
pain and suffering. This amount reflects that any award for projected pain and suffering has
been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $49.87. Petitioner agrees.
1

Case 1:17-vv-01995-UNJ Document 36 Filed 08/28/19 Page 4 of 5
C. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
Maryland Medicaid lien in the amount of $2,971.02, which represents full satisfaction of any
right of subrogation, assignment, claim, lien, or cause of action the State of Maryland may have
against any individual as a result of any Medicaid payments the State of Maryland has made to
or on behalf of petitioner from the date of her eligibility for benefits through the date of
judgment in this case as a result of her vaccine-related injury suffered on or about July 12, 2016,
under Title XIX of the Social Security Act. Petitioner agrees.
II. Form of the Award
Respondent recommends that compensation provided to petitioner through the lump sum
payments as described below and requests that the Chief Special Master’s decision and the
Court’s judgment award the following:
a. A lump sum of $55,049.87, representing compensation for pain and suffering
($55,000.00) and past unreimbursable expenses ($49.87), in the form of a check
payable to petitioner.1 This amount represents compensation for all damages that
would be available under 42 U.S.C. §300aa-15(a), except as set forth in paragraph
II.b; and
b. A lump sum of $2,971.02, which amount represents reimbursement of a lien for
services rendered on behalf of petitioner, in the form of a check payable jointly to
petitioner2 and
Meridian Resource Company LLC
Attn: Subrogation Department
PO Box 659940
San Antonio, TX 78265-9939
File No.: 75538498
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 Petitioner agrees to endorse this payment to the appropriate State agency.
2

Case 1:17-vv-01995-UNJ Document 36 Filed 08/28/19 Page 5 of 5
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: June 6, 2019
3