In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1298V
UNPUBLISHED
ALLYSON LAVIGNE, Chief Special Master Corcoran
Petitioner, Filed: March 15, 2021
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)
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 27, 2019, Allyson Lavigne 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 injuries, including shoulder injury
related to vaccine administration (SIRVA), resulting from the adverse effects of an
influenza (flu) vaccination she received on October 16, 2018. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 8, 2021, 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 concluded that petitioner suffered a Table SIRVA, no other
causes for Petitioner’s SIRVA were identified, and the statutory six-month sequela
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).
requirement has been satisfied. Id. at 3. Respondent further concluded that the Petitioner
has satisfied all legal prerequisites for compensation under the Vaccine Act Id.
Respondent further agrees that the scope of damages to be awarded is limited to
Petitioner’s SIRVA of her left upper extremity and its related sequelae only. 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