VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00581
Package ID: USCOURTS-cofc-1_14-vv-00581
Petitioner: Ashley Burkart
Filed: 2014-07-09
Decided: 2015-04-16
Vaccine: Tdap
Vaccination date: 2012-09-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
Ashley Burkart filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she received a Tdap vaccination in her left shoulder on September 2, 2012, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that petitioner was entitled to compensation and that the injury was consistent with SIRVA. The parties filed a joint stipulation for an award of compensation. The Special Master awarded Ashley Burkart a lump sum payment of $35,000.00, representing all elements of compensation. Subsequently, the parties filed a stipulation for attorneys' fees and costs, agreeing to a total award of $16,600.00 in fees and costs, jointly payable to petitioner and her attorney, and $400.00 in reimbursable costs payable to petitioner. The Special Master granted the request for attorneys' fees and costs. Judgment was entered accordingly.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00581-1
Date issued/filed: 2015-03-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/09/2015) regarding 23 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00581-UNJ Document 33 Filed 03/30/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-581V
Filed: March 9, 2015
* * * * * * * * * * * * * * *
ASHLEY BURKART, * UNPUBLISHED
* Special Master Dorsey
Petitioner, *
*
v. *
* Decision on Proffer; Damages;
SECRETARY OF HEALTH * Tetanus-Diphtheria-Acellular
AND HUMAN SERVICES, * Pertussis (TDAP) Vaccine; Shoulder
* Injury Related to Vaccine
Respondent. * Administration (SIRVA)
*
* * * * * * * * * * * * * * *
Thomas P. Gallagher, Somers Point, NJ, for petitioner.
Jennifer Leigh Reynaud, United States Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 9, 2014, Ashley Burkart (“petitioner”) filed a petition for compensation pursuant
to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that she received a tetanus-diphtheria-acellular pertussis (TDaP) vaccination in
her left shoulder on September 2, 2012, and subsequently suffered a shoulder injury related to
vaccine administration (SIRVA) as a result of the TDaP vaccination. See Petition at
Introduction.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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)). As provided by
Vaccine Rule 18(b), each party has 14 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).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

Case 1:14-vv-00581-UNJ Document 33 Filed 03/30/15 Page 2 of 4
On October 27, 2014, respondent filed a report pursuant to Vaccine Rule 4(c) conceding
that petitioner is entitled to compensation in this case. Respondent’s Report at 4-5. Specifically,
respondent agreed that the alleged injury was consistent with shoulder injury related to vaccine
administration (“SIRVA”). Id. at 4.
On March 7, 2015, respondent filed a Proffer on Award of Compensation (“Proffer”). In
the Proffer, respondent represented that petitioner agrees with the proffered award. Based on the
record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the
Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner:
A lump sum payment of $35,000.00, in the form of a check payable to petitioner,
Ashley Burkart. Respondent states that petitioner is a competent adult and that
guardianship is not required in this case. This amount accounts for all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Proffer ¶ II.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

Case 1:14-vv-00581-UNJ Document 33 Filed 03/30/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ASHLEY BURKART,
Petitioner,
v.
No. 14-581V
SECRETARY OF HEALTH AND
Special Master Dorsey
HUMAN SERVICES,
ECF
Respondent.
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$35,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $35,000.00 in the form of a check payable to petitioner.1
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BENJAMIN C. MIZER
Acting Assistant Attorney General
1 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 pain and suffering, and future lost wages.
1

Case 1:14-vv-00581-UNJ Document 33 Filed 03/30/15 Page 4 of 4
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
s/ Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: March 7, 2015
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00581-2
Date issued/filed: 2015-04-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/26/2015) regarding 29 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00581-UNJ Document 34 Filed 04/16/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 26, 2015
* * * * * * * * * * * * * * UNPUBLISHED
ASHLEY BURKART, * No. 14-581V
*
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Thomas P. Gallagher, Somers Point, NJ, for petitioner.
Jennifer Leigh Reynaud, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On July 9, 2014, Ashley Burkart (“petitioner”) filed a petition for compensation pursuant
to the National Vaccine Injury Compensation Program,2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that she received a tetanus-diphtheria-acellular pertussis (TDaP) vaccination in
her left shoulder on September 2, 2012, and subsequently suffered a shoulder injury related ton
vaccine administration (SIRVA). See Petition at Introduction. On March 9, 2015, the
undersigned entered a decision awarding compensation to petitioner based on a joint stipulation
filed by the parties.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 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 entire decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00581-UNJ Document 34 Filed 04/16/15 Page 2 of 2
On March 26, 2015, the parties filed a Stipulation of Facts Concerning Final Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $16,600.00. In accordance with General Order #9,
petitioner’s counsel states that petitioner advanced $400.00, in reimbursable costs in pursuit of
her claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection
by respondent, the undersigned GRANTS the request for approval and payment of attorneys’
fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Thomas P. Gallagher, in the amount of $16,600.00, and
(2) in the form of a check payable to petitioner only in the amount of $400.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2