Montgomery v. Secretary of Health and Human Services
Court
United States Court of Federal Claims
Decided
June 9, 2025
Jurisdiction
FS
Importance
46%
Practice Areas
Case Summary
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0323V MICHELLE MONTGOMERY, Chief Special Master Corcoran Petitioner, v. Filed: May 7, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner. Christopher Pinto, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On March 1, 2024, Michelle Montgomery 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 alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccination received on October 13, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 10, 2025, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On May 7, 2025, Respondent filed a Proffer on award of compensation (“Proffer”). Respondent represented that Petitioner agrees with the 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). proffered award. Id. at 2. 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, Petitioner is awarded a lump sum of $60,514.75 (representing $55,000.00 for pain and suffering, and $5,514.75 for lost earnings) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Proffer at 1 – 2. This amount represents compensation for all damages that would be available under Section 15(a). Id. 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MICHELLE MONTGOMERY, Petitioner, v. No. 24-0323 Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On March 1, 2024, Michelle Montgomery (“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 she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza vaccine she received on October 13, 2022. Petition at 1. On April 8, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on April 10, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 28; ECF No. 30. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $55,000.00 in pain
Case Details
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Status
Decided
Date Decided
June 9, 2025
Jurisdiction
FS
Court Type
federal
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Case Summary
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Case Overview
Montgomery v. Secretary of Health and Human Services is a significant case decided by the United States Court of Federal Claims on June 9, 2025. The case revolves around a petition filed by Michelle Montgomery for compensation under the National Vaccine Injury Compensation Program (Vaccine Act) due to a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination.
Key Legal Issues
- Vaccine Injury Compensation: The case addresses the eligibility for compensation under the Vaccine Act for injuries sustained due to vaccine administration.
- SIRVA Definition: The legal definition and recognition of SIRVA as a compensable injury under the Vaccine Injury Table.
Court's Decision
On April 10, 2025, the Chief Special Master issued a Ruling on Entitlement, confirming that Montgomery was entitled to compensation for her SIRVA. Following this, on May 7, 2025, a Proffer on Award of Compensation was filed, leading to a final decision on damages.
Legal Reasoning
The court found that Montgomery's injury met the criteria established under the Vaccine Act for SIRVA. The evidence presented supported her claim that the shoulder injury was directly related to the influenza vaccine administered on October 13, 2022. The court's decision was based on the following:
- Medical Evidence: Documentation of the injury and its impact on Montgomery's life.
- Agreement on Compensation: Both parties agreed on the compensation amounts proposed in the proffer.
Key Holdings
- Compensation Awarded: Montgomery was awarded a total of $60,514.75, which included:
- $55,000.00 for pain and suffering.
- $5,514.75 for lost earnings.
- Payment Method: The compensation is to be paid through an ACH deposit to Montgomery's counsel's IOLTA account for prompt disbursement.
Precedents and Citations
- National Childhood Vaccine Injury Act of 1986: This act serves as the foundational legislation for vaccine injury claims, establishing the framework for compensation.
- 42 U.S.C. § 300aa-15: This section outlines the types of compensation available under the Vaccine Act, including pain and suffering and lost earnings.
Practical Implications
The outcome of Montgomery v. Secretary of Health underscores the importance of the Vaccine Act in providing a mechanism for individuals injured by vaccines to seek compensation. Key implications include:
- Increased Awareness: The case raises awareness about SIRVA and the rights of individuals to seek compensation for vaccine-related injuries.
- Legal Precedent: It reinforces the legal standards for proving vaccine-related injuries and the process for obtaining compensation.
- Guidance for Future Claims: The decision serves as a reference for future cases involving SIRVA and similar vaccine-related injuries, providing clarity on the compensation process under the Vaccine Act.
This case exemplifies the legal protections available to individuals who experience adverse effects from vaccinations, ensuring that they can seek justice and compensation for their injuries.
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Case Details
Legal case information
Status
Decided
Date Decided
June 9, 2025
Jurisdiction
FS
Court Type
federal
Legal Significance
Case importance metrics
Metadata
Additional information
Quick Actions
Case management tools