VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01341
Package ID: USCOURTS-cofc-1_20-vv-01341
Petitioner: Megan Morey
Filed: 2020-10-07
Decided: 2022-09-12
Vaccine: influenza
Vaccination date: 2019-03-04
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 124451

AI-assisted case summary:
Megan Morey filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on March 4, 2019. The respondent conceded that her claim met the Table criteria for SIRVA and that she satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on June 30, 2022, finding her entitled to compensation. Subsequently, on September 12, 2022, a decision awarding damages was issued based on a proffer. The respondent proffered an award of $124,451.10, which included $122,500.00 for pain and suffering, $329.32 for past expenses, and $1,621.78 for lost wages. Petitioner agreed with this award. The court awarded Megan Morey a lump sum payment of $124,451.10, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01341-0
Date issued/filed: 2022-08-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/30/2022 ) regarding 35 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01341-UNJ Document 41 Filed 08/01/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1341V
UNPUBLISHED
MEGAN MOREY, Chief Special Master Corcoran
Petitioner, Filed: June 30, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Heather Varney Menezes, Shaheen & Gordon, P.A., Manchester, NH, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
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. Petitioner further alleges that she received
the vaccine in the United States, that she suffered the residual effects of her SIRVA injury
for more than six months, and that neither she nor any other party has filed any additional
civil action or received compensation for her SIRVA injury. Petition at ¶¶ 3, 21-23. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished Ruling 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 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, 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).

Case 1:20-vv-01341-UNJ Document 41 Filed 08/01/22 Page 2 of 2
On June 29, 2022, 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 “concluded that [P]etitioner’s claim meets the Table criteria
for SIRVA.” Id. at 11. Respondent further agrees that “based on the record as it now
stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.”
Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01341-1
Date issued/filed: 2022-09-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/28/2022) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01341-UNJ Document 43 Filed 09/12/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1341V
UNPUBLISHED
MEGAN MOREY, Chief Special Master Corcoran
Petitioner, Filed: July 28, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. 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 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 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).

Case 1:20-vv-01341-UNJ Document 43 Filed 09/12/22 Page 2 of 4
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.
2

Case 1:20-vv-01341-UNJ Document 43 Filed 09/12/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MEGAN MOREY,
Petitioner,
No. 20-1341V (ECF)
v.
Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
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.

Case 1:20-vv-01341-UNJ Document 43 Filed 09/12/22 Page 4 of 4
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
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