VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01150
Package ID: USCOURTS-cofc-1_14-vv-01150
Petitioner: Barbara Budgake
Filed: 2014-11-25
Decided: 2015-07-02
Vaccine: influenza
Vaccination date: 2013-01-11
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 102458

AI-assisted case summary:
Barbara Budgake filed a petition on November 25, 2014, alleging that she suffered a left shoulder injury as a result of an influenza vaccination administered on January 11, 2013. The case was assigned to the Special Processing Unit. On April 7, 2015, the respondent filed a Rule 4(c) Report conceding that the petitioner's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was compensable as a "caused-in-fact" injury under the National Vaccine Injury Compensation Program. Based on the respondent's concession and the evidence, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on April 9, 2015, finding Ms. Budgake entitled to compensation. Subsequently, on June 10, 2015, the parties submitted a proffer on the award of compensation. The respondent detailed compensation in the amount of $920.85 for past lost earnings, $100,000.00 for actual and projected pain and suffering, and $1,537.85 for past unreimbursable expenses, totaling $102,458.70. Petitioner agreed to these amounts. On July 2, 2015, Chief Special Master Vowell issued a decision awarding Ms. Budgake a lump sum payment of $102,458.70, payable by check to petitioner, representing compensation for all damages available under the Act. Petitioner was represented by Lawrence Disparti of Disparti Law Group, PA, and the respondent was represented by Justine Walters of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Barbara Budgake alleged a left shoulder injury following an influenza vaccination on January 11, 2013. The respondent conceded that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was compensable as a "caused-in-fact" injury under the National Vaccine Injury Compensation Program. The specific medical mechanism, onset, symptoms, or expert testimony regarding causation were not detailed in the provided public text. The case resulted in a compensated outcome. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on April 9, 2015, and a decision awarding damages on July 2, 2015. The award totaled $102,458.70, comprising $920.85 for past lost earnings, $100,000.00 for pain and suffering, and $1,537.85 for past unreimbursable expenses. Petitioner was represented by Lawrence Disparti, and respondent by Justine Walters.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-01150-0
Date issued/filed: 2015-05-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/09/2015) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01150-UNJ Document 17 Filed 05/01/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1150V
Filed: April 9, 2015
Not for Publication
* * * * * * * * * * * * * * * * * * * * * * * * *
BARBARA BUDGAKE, *
*
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccine (“Flu”);
v. * Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Lawrence Disparti, Disparti Law Group, PA, Holiday, FL, for petitioner.
Justine Walters, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On November 25, 2014, Barbara Budgake filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”]. The petition alleges that as a result of an influenza (“flu”)
vaccination on January 11, 2013, petitioner suffered a left shoulder injury. Petition at 1-
3. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On April 7, 2015, respondent filed her Rule 4(c) Report [“Respondent’s Report”],
in which she concedes that petitioner is entitled to compensation in this case.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, it will be
posted 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), 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-01150-UNJ Document 17 Filed 05/01/15 Page 2 of 2
Respondent’s Report at 4. Specifically, respondent concedes that “a preponderance of
the evidence establishes that petitioner’s injury is consistent with a shoulder injury
related to vaccine administration (“SIRVA”),” and “is compensable as a ‘caused-in-fact’
injury under the Act.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-01150-1
Date issued/filed: 2015-07-02
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/11/2015) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01150-UNJ Document 21 Filed 07/02/15 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1150V
Filed: June 11, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BARBARA BUDGAKE, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza Vaccine (“Flu”); Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lawrence Disparti, Disparti Law Group, PA, Holiday, FL, for petitioner.
Justine Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On November 25, 2014, Barbara Budgake filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a left shoulder injury as
a result of an influenza [“flu”] vaccination on January 11, 2013. Petition at 1-3. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On April 9, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation for a shoulder injury related to vaccine administration [“SIRVA”]. On
June 10, 2015, respondent filed a proffer on award of compensation [“Proffer”] detailing
compensation in the amount of $920.85 for past lost earnings, $100,000.00 for actual
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post it 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), 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-01150-UNJ Document 21 Filed 07/02/15 Page 2 of 5
and projected pain and suffering, and $1,537.85 for past un-reimbursable expenses for
a total of $102,458.70. Proffer at 1-3.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $102, 458.70 in the form of a check payable to petitioner, Barbara
Budgake. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
s/Denise K. Vowell
Denise K. Vowell
Chief 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.
2

Case 1:14-vv-01150-UNJ Document 21 Filed 07/02/15 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
BARBARA BUDGAKE, )
)
Petitioner, )
) No. 14-1150V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report filed on April 7, 2015.
A. Future Unreimbursable Expenses
The parties agree that based upon the evidence of record, petitioner will not require future
care for her vaccine-related injury. Therefore, respondent proffers that petitioner should be
awarded no future unreimbursable expenses under 42 U.S.C. § 300aa-15(a)(1).
Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence of record, petitioner has suffered a past
loss of earnings of $920.85. She will, however, continue to be gainfully employed in the future.
Therefore, respondent proffers that petitioner should be awarded actual lost earnings, but not
anticipated loss of earnings, as provided under 42 U.S.C. § 300aa-15(a)(3)(A). Respondent
proffers that the appropriate award for petitioner’s lost earnings is $920.85. Petitioner agrees.

Case 1:14-vv-01150-UNJ Document 21 Filed 07/02/15 Page 4 of 5
C. Pain and Suffering
Respondent proffers that petitioner should be awarded $100,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $1,537.85. Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens against her.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
lump sum payments as described below and request that the Chief Special Master’s decision and
the Court’s judgment award the following:1
A. A lump sum payment of $920.85, representing compensation for actual lost earnings,
in the form of a check payable to petitioner;
B. A lump sum payment of $100,000.00, representing compensation for pain and
suffering, in the form of a check payable to petitioner; and
C. A lump sum payment of $1,537.85, representing compensation for past
unreimbursable expenses, in the form of a check payable to petitioner.
-2-

Case 1:14-vv-01150-UNJ Document 21 Filed 07/02/15 Page 5 of 5
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner: $102,458.70
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Tort Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
s/ Justine Walters
JUSTINE WALTERS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Dated: June 10, 2015 Telephone: (202) 307-6393
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 lost earnings, and future pain and suffering.
-3-