VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00067
Package ID: USCOURTS-cofc-1_15-vv-00067
Petitioner: Jillaine Burghardt
Filed: 2015-01-23
Decided: 2016-04-22
Vaccine: influenza
Vaccination date: 2013-01-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 1500000

AI-assisted case summary:
Jillaine Burghardt filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her January 30, 2013 influenza vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Ms. Burghardt was entitled to compensation. The respondent specifically stated that the Division of Injury Compensation Programs believed her alleged injury was consistent with SIRVA and that she had satisfied all legal prerequisites for compensation. Subsequently, a ruling on entitlement was issued finding Ms. Burghardt entitled to compensation. The parties then filed a joint stipulation agreeing that Ms. Burghardt should be awarded $1,500,000.00. Based on this stipulation, the court awarded Ms. Burghardt a lump sum payment of $1,500,000.00, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00067-0
Date issued/filed: 2015-05-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/22/2015) regarding 11 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00067-UNJ Document 14 Filed 05/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-67V
Filed: April 22, 2015
Not for Publication
* * * * * * * * * * * * * * * * * * * * * * * * *
JILLAINE BURGHARDT *
*
*
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. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Thomas Tomasko, JSDC Law Offices, Hershey PA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On January 23, 2015, Jillaine Burghardt 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 30, 2013, petitioner suffered a “shoulder injury related to
vaccine administration” or “SIRVA”. Petition at 28-29. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On April 22, 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 1:15-vv-00067-UNJ Document 14 Filed 05/13/15 Page 2 of 2
Respondent’s Report at 7. Specifically, respondent submits the Division of Injury
Compensation Programs (“DICP”) “believes that petitioner’s alleged injury is consistent
with SIRVA.” Id. Respondent also states that “based on the record as it now stands,
petitioner has satisfied all legal prerequisites for compensation 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00067-1
Date issued/filed: 2016-04-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/12/2016) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (dh1) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00067-UNJ Document 32 Filed 04/22/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-67V
Filed: February 12, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
J.B., *
*
Petitioner, * Damages Decision Based on
* Stipulation; Influenza;
* Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Thomas Tomasko, JSDC Law Offices, Hershey, PA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 23, 2015, Petitioner 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 shoulder injury
related to vaccine administration (“SIRVA”) as a result of her January 30, 2013 influenza
vaccination. Petition at 28-29. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On April 22, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On February 11, 2016, respondent filed a joint stipulation by
the parties stipulating that petitioner should be awarded $1,500,000.00. Stipulation at ¶
9. Based on the record as a whole, the undersigned finds that petitioner is entitled to an
award as stated in the stipulation.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to 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 note (2012)(Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).

Case 1:15-vv-00067-UNJ Document 32 Filed 04/22/16 Page 2 of 7
Pursuant to the terms stated in the attached stipulation, the undersigned
awards petitioner a lump sum payment of $1,500,000.00 in the form of a check
payable to petitioner, J.B. 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
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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.

Case 1:15-vv-00067-UNJ Document 32 Filed 04/22/16 Page 3 of 7

Case 1:15-vv-00067-UNJ Document 32 Filed 04/22/16 Page 4 of 7

Case 1:15-vv-00067-UNJ Document 32 Filed 04/22/16 Page 5 of 7

Case 1:15-vv-00067-UNJ Document 32 Filed 04/22/16 Page 6 of 7

Case 1:15-vv-00067-UNJ Document 32 Filed 04/22/16 Page 7 of 7