Langley v. Secretary of Health and Human Services
Opinion
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1568V
LYNDSEY LANGLEY, Chief Special Master Corcoran Petitioner, Filed: March 12, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES 1 On November 12, 2020, Lyndsey Langley 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”) after receiving an influenza vaccination on October 22, 2018.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 3, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On March 12, 2026, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $175,000.00. Proffer at 2. In the Proffer, Respondent 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 $175,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
LYNDSEY LANGLEY, Petitioner, No. 20-1568V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.
PROFFER ON AWARD OF COMPENSATION 1 On November 12, 2020, Lyndsey Langley (“petitioner”), filed a Petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”), alleging that petitioner suffered a shoulder injury related to vaccine administration (“SIRVA”), as a result of receiving an influenza (“flu”) vaccine administered on October 22, 2018. On November 3, 2025, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her shoulder injury related to vaccine administration (“SIRVA”). 2 See ECF No. 34.
This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued.
Respondent has no objection to the amount of the proffered award of damages set forth herein.
Assuming the Chief Special Master issues a damages decision in conformity with this proffer, respondent waives his right to seek review of such damages decision. However, respondent reserves his right, pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the Chief Special Master’s November 3, 2025, entitlement decision.
I. Items of Compensation Based on the evidence of record, respondent proffers that petitioner should be awarded $175,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount represents all elements of compensation to which petitioner is entitled under U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award/Recommended Payment The parties recommend that the compensation provided to petitioner should be made through one lump sum payment as described below and request that the Chief Special Master’s decision and the Court’s judgment award the following: 3 A lump sum payment of $175,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Lyndsey Langley.
Petitioner is a competent adult. Proof of guardianship is not required in this case.
Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General JONATHAN D. GUYNN Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA A. ENGLUND Assistant Director Torts Branch, Civil Division
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 lost earnings, and future pain and suffering.
/s/ Alexa Roggenkamp ALEXA ROGGENKAMP Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 616-4179 [email protected] DATED: March 12, 2026
CERTIFICATE OF SERVICE I certify that today, March 12, 2026, a copy of the foregoing pleading was served by electronic mail to Leigh A. Finfer at [email protected] and [email protected].
/s/ Alexa Roggenkamp ALEXA ROGGENKAMP
Case-law data current through December 31, 2025. Source: CourtListener bulk data.