VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00674
Package ID: USCOURTS-cofc-1_13-vv-00674
Petitioner: Kaleigh N. Burgert
Filed: 2013-09-12
Decided: 2015-07-29
Vaccine: Hepatitis B
Vaccination date: 2011-07-22
Condition: transverse myelitis, chronic pain, and neuropathic pain
Outcome: compensated
Award amount USD: 210000

AI-assisted case summary:
Kaleigh N. Burgert, later known as Kaleigh N. Anspach, filed a petition for compensation under the National Vaccine Injury Compensation Program on September 12, 2013. Petitioner alleged that Hepatitis B (Hep B) vaccinations received on July 22, 2011, and August 22, 2011, caused her to develop transverse myelitis (TM), chronic pain, and neuropathic pain, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the Hep B vaccinations caused petitioner's injuries or any other injury or current condition. Despite the denial, both parties agreed to a joint stipulation filed on July 1, 2015, to settle the case. Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. As part of the settlement, petitioner received a lump sum of $210,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum of $52,209.09 was awarded for attorneys' fees and costs, payable jointly to petitioner and her attorney, Simina Vourlis, Esq. A further lump sum of $500.00 was awarded to petitioner for out-of-pocket expenses. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism of causation. Petitioner was represented by Simina Vourlis, Esq., of the Law Offices of Simina Vourlis, and respondent was represented by Alexis Babcock, Esq., of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kaleigh N. Burgert alleged that Hepatitis B vaccinations administered on July 22, 2011, and August 22, 2011, caused her to develop transverse myelitis (TM), chronic pain, and neuropathic pain, with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation to settle the case, filed on July 1, 2015. Special Master Thomas L. Gowen adopted the stipulation. The settlement included a lump sum of $210,000.00 for damages, $52,209.09 for attorneys' fees and costs, and $500.00 for out-of-pocket expenses. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. Petitioner was represented by Simina Vourlis, Esq., and respondent by Alexis Babcock, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00674-0
Date issued/filed: 2015-07-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/01/2015) regarding 34 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00674-UNJ Document 35 Filed 07/29/15 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-674V
Filed: July 1, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * *
KALEIGH N. BURGERT *
nka KALEIGH N. ANSPACH *
*
Petitioner, * Stipulation; Hep B;
v. * Transverse Myelitis; chronic pain
* syndrome; neuropathic pain;
SECRETARY OF HEALTH * attorneys’ fees & costs
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * *
Simina Vourlis, Esq., Law Offices of Simina Vourlis, Columbus, Ohio for petitioner.
Alexis Babcock, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
Kaleigh Burgert [“petitioner”] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on September 12, 2013. Petitioner alleges that
she suffered from transverse myelitis [TM], chronic pain, and neuropathic pain that was
caused in fact by the Hepatitis B [Hep B] vaccinations she received on July 22, 2011,
and August 22, 2011. See Stipulation, filed July 1, 2015, at ¶¶ 2, 4. Further, petitioner
alleges that she experienced residual effects of her injuries for more than six months.
Stipulation at ¶ 4. Respondent denies that the petitioner’s injuries were caused-in-fact
by her Hep B vaccinations, and denies that the vaccines caused any other injury or her
current condition. Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete 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).

Case 1:13-vv-00674-UNJ Document 35 Filed 07/29/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On July 1, 2015, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement
terms.
Respondent agrees to pay petitioner:
a. A lump sum of $210,000.00 in the form of a check payable to petitioner,
Kaleigh N. Burgert. This amount represents compensation for all damages
that would be available under § 300aa-15(a); and
b. A lump sum of $52,209.09 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Simina Vourlis, Esq., for attorneys’
fees and costs available under § 300aa-15(e); and,
c. A lump sum of $500.00 in the form of a check payable to petitioner for
out-of-pocket expenses incurred in proceeding on the petition.
The special master adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. The clerk of the court is
directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

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