United States Court of Federal Claims, 2026

McKENNEY v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Decided July 31, 2026 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 19-1799V

************************* DONNA FAYE McKENNEY, *

* Petitioner, * Filed: July 6, 2026

* v. *

* Chief Special Master Corcoran SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* ************************* Amber D. Wilson, Wilson Science Law, Washington, D.C., for Petitioner.

Kristen Bonjour, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On November 22, 2019, Donna Faye McKenney filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleged that she suffered from Guillain-Barré Syndrome (“GBS”) as a result of her Prevnar-13 vaccination she received on August 13, 2018. A Ruling on Entitlement was issued on December 30, 2025, finding petitioner was entitled to compensation. Ruling on Entitlement (ECF No. 61).

On July 6, 2026, Respondent filed a Proffer on Award of Compensation (“Proffer”). ECF No. 73. The Proffer provides that Petitioner should be awarded $210,000.00 in pain and suffering and $589.00 in past unreimbursable expenses. Proffer at 2. In the Proffer, Respondent represents 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 Proffer, I award Petitioner a lump sum payment of $210,589.00 ($210,000 in pain and suffering and $$589.00 in past unreimbursable expenses), 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 the 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

)

DONNA F. McKENNEY, )

)

Petitioner, )

) No. 19-1799V v. ) Chief Special Master Corcoran

) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, )

)

Respondent. )

)

PROFFER ON AWARD OF COMPENSATION 1

On November 22, 2019, Donna McKenney (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that, as a result of the Prevnar-13 vaccination she received on August 13, 2018, she suffered from Guillain-Barré syndrome (“GBS”). Petition at 1. On August 20, 2020, respondent filed his Vaccine Rule 4(c) report setting forth his position that this case was not appropriate for compensation. ECF No. 18. On December 30, 2025, the Special Master issued a Ruling on Entitlement, finding petitioner was entitled to vaccine compensation. 2 ECF No. 61.

I. Items of Compensation

Based on the evidence of record, respondent proffers that petitioner should be awarded the following:

A. Pain and Suffering Respondent proffers that petitioner should be awarded $210,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $589.00. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees.

The above amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award/Recommended Payments

The parties recommend that compensation provided to petitioner should be made through a 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 $210,589.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Donna McKenney.

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 GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division /s/ Kristen Bonjour KRISTEN BONJOUR 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) 598-0030 Email: [email protected] Dated: July 6, 2026

CERTIFICATE OF SERVICE

I certify that today, July 6, 2026, a copy of the foregoing pleading was served by electronic mail to Amber Wilson at [email protected].

/s/ Kristen Bonjour

1 Because this decision contains a reasoned explanation for my actions in this case, I will 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 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. 2 The parties have no objection to the amount of the proffered award of damages. However, respondent reserves his right, pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the Special Master’s December 30, 2025 Ruling on Entitlement, finding petitioner entitled to an award under the Vaccine Act. This right accrues following the issuance of the Damages Decision. 3 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 pain and suffering.

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