Nancy Burtis v. HHS - Influenza, shoulder injury related to vaccine administration (2016)

Nancy Burtis filed a petition for compensation under the National Vaccine Injury Compensation Program on November 2, 2015, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination she received on October 16, 2014. She further alleged that she had suffered the residual effects of the vaccination for more than six months.

The case was assigned to the Special Processing Unit. On February 1, 2016, the respondent filed a Rule 4(c) report conceding that Ms.

Burtis was entitled to compensation. The respondent believed the alleged injury was consistent with SIRVA and that Ms.

Burtis met the six-month statutory requirement and all other legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey ruled on entitlement on February 3, 2016, finding Ms.

Burtis entitled to compensation. Subsequently, on March 21, 2016, the parties submitted a proffer on the award of compensation.

The respondent proffered that Ms. Burtis should be awarded $128,489.80, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a).

The petitioner agreed with this proffered award. In a decision dated May 13, 2016, Chief Special Master Dorsey adopted the proffer and awarded Nancy Burtis a lump sum payment of $128,489.80, payable by check to Ms.

Burtis. The decision noted that the parties reserved the right to move for appropriate relief should the petitioner die prior to the entry of judgment, with the respondent opposing any award for future medical expenses, future lost earnings, and future pain and suffering in such an event.

Petitioner was represented by Maximillian Muller of Muller Brazil LLP, and the respondent was represented by Julia McInerny of the U.S. Department of Justice.