VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01298
Package ID: USCOURTS-cofc-1_15-vv-01298
Petitioner: Nancy Burtis
Filed: 2016-02-03
Decided: 2016-05-13
Vaccine: influenza
Vaccination date: 2014-10-16
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 128489

AI-assisted case summary:
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.

Theory of causation field:
Nancy Burtis filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination on October 16, 2014. The respondent conceded entitlement, agreeing the injury was consistent with SIRVA and that petitioner met the six-month statutory requirement. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The parties submitted a proffer on award of compensation, agreeing to a lump sum payment of $128,489.80 for all damages available under the Act. Chief Special Master Nora Beth Dorsey issued the ruling on entitlement on February 3, 2016, and the decision awarding damages on May 13, 2016. Petitioner's counsel was Maximillian Muller, and respondent's counsel was Julia McInerny. The injury is classified as off-Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01298-0
Date issued/filed: 2016-05-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/03/2016) regarding 12 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01298-UNJ Document 23 Filed 05/05/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1298V
Filed: February 3, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
NANCY BURTIS, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil LLP, Dresher, PA, for petitioner.
Julia McInerny, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 2, 2015, Nancy Burtis (“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 caused in fact by the influenza vaccination she received on
October 16, 2014. Petition, at ¶¶ 3-4. Petitioner further alleges that she has suffered
the residual effects of her vaccination for more than six months. Id., at ¶¶ 4, 16. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On February 1, 2016, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, respondent “believes that the alleged injury is consistent
with SIRVA.” Id. at 4. Respondent agrees that “petitioner meets the six month statutory
1 Because this unpublished ruling 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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). 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-01298-UNJ Document 23 Filed 05/05/16 Page 2 of 2
requirement . . . [and] 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.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-01298-1
Date issued/filed: 2016-05-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/21/2016) regarding 15 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (tpj) Copy to parties.
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Case 1:15-vv-01298-UNJ Document 24 Filed 05/13/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1298V
Filed: March 21, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
NANCY BURTIS, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza or Flu Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil LLP, Dresher, PA, for petitioner.
Julia McInerny, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 2, 2015, Nancy Burtis (“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 caused in fact by the influenza vaccination she received on
October 16, 2014. Petition, at ¶¶ 3-4.
On February 3, 2016, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for her shoulder injury related to vaccine
administration (“SIRVA”). On March 21, 2016, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $128,489.80. Proffer
at 1. In the Proffer, respondent represented that petitioner agrees with the proffered
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 (2012)). 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 (2012).

Case 1:15-vv-01298-UNJ Document 24 Filed 05/13/16 Page 2 of 4
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 $128,489.80 in the form of a check payable to
petitioner, Nancy Burtis. 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 each party filing a notice
renouncing the right to seek review.
2

CCaassee 11::1155--vvvv--0011229988--UUNNJJ DDooccuummeenntt 1244 FFiilleedd 0035//2113//1166 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
NANCY BURTIS, ) No. 15-1298
) ECF
Petitioner, ) Chief Special Master Dorsey
)
v. )
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$128,489.80, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $128,489.80 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
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.

CCaassee 11::1155--vvvv--0011229988--UUNNJJ DDooccuummeenntt 1244 FFiilleedd 0035//2113//1166 PPaaggee 24 ooff 24
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Julia W. McInerny
JULIA W. MCINERNY
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
DATED: March 21, 2016 (202) 353-3919
2