VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00750
Package ID: USCOURTS-cofc-1_17-vv-00750
Petitioner: Penny Lynn Burke
Filed: 2017-06-06
Decided: 2019-04-10
Vaccine: influenza
Vaccination date: 2016-10-11
Condition: right shoulder injury
Outcome: compensated
Award amount USD: 143000

AI-assisted case summary:
Penny Lynn Burke filed a petition for compensation under the National Vaccine Injury Compensation Program on June 6, 2017. She alleged that the influenza vaccine she received on October 11, 2016, caused her to suffer a right shoulder injury, with symptoms persisting for more than six months. The respondent denied that the flu vaccine caused her injury. Despite this denial, the parties filed a joint stipulation on February 13, 2019, agreeing to a settlement. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. As per the stipulation, Penny Lynn Burke was awarded $143,000.00 as a lump sum for all items of damages. The case was settled as a Table claim for Shoulder Injury Related to Vaccine Administration (SIRVA). Petitioner was represented by Douglas Lee Burdette of Burdette Law, PLLC, and respondent was represented by Alexis B. Babcock of the U.S. Department of Justice. The decision was issued on April 10, 2019.

Theory of causation field:
Petitioner Penny Lynn Burke received an influenza vaccine on October 11, 2016, and alleged it caused a right shoulder injury (SIRVA) with symptoms persisting for over six months. Respondent denied causation. The parties filed a joint stipulation agreeing to a settlement, which was adopted by Chief Special Master Nora Beth Dorsey. The case was settled as a Table claim. Petitioner was awarded $143,000.00 as a lump sum for all damages. Douglas Lee Burdette represented the petitioner, and Alexis B. Babcock represented the respondent. The decision was issued on April 10, 2019.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00750-0
Date issued/filed: 2019-04-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/13/2019) regarding 42 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00750-UNJ Document 50 Filed 04/10/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-750V
Filed: February 13, 2019
UNPUBLISHED
PENNY LYNN BURKE,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
SECRETARY OF HEALTH AND
Related to Vaccine Administration
HUMAN SERVICES,
(SIRVA)
Respondent.
Douglas Lee Burdette, Burdette Law, PLLC, North Bend, WA, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 6, 2017, 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”). Petitioner alleges that the influenza (“flu”) vaccine she received on October 11,
2016, caused her to suffer a right shoulder injury. Petition at 1; Stipulation, filed
February 13, 2019, at ¶¶ 2, 4. Petitioner further alleges that her shoulder injury
symptoms have persisted for more than six months. Petition at 2. “Respondent denies
that the flu vaccine caused petitioner to suffer a right shoulder injury, or any other injury
or condition.” Stipulation at ¶ 6.
Nevertheless, on February 13, 2019, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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 1:17-vv-00750-UNJ Document 50 Filed 04/10/19 Page 2 of 7
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $143,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, 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.
2

Case 1:17-vv-00750-UNJ Document 50 Filed 04/10/19 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF' SPECIAL MASTERS
PENNY LYNN BURKE, )
)
)
Petitioner.
) No. 17-750V
v.
) Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND HlJMAN ))
SERVICES, )
_______________
Respondent. )
)
STf PULA TION
The parties hereby stipulate to the following matters:
I. Penny Lynn Burke, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 et seq. (the "Vaccine
Program"). The petition seeks compensation for injuries related to petitioner's receipt of the
influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"),
42 C.f. R. § 100.3(a).
2. Petitioner receive<l a flu vaccination on October 11, 2016.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the flu vaccine caused her to suffer a right shoulder injury.
5. Pctitioiler represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
6. Respondent denies that the flu vaccine caused petitioner to suffer a right shoulder
injury, or any other injury or condition.

Case 1:17-vv-00750-UNJ Document 50 Filed 04/10/19 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless now agree the
issues between them shall be settled and that a decision should he entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistei
the terms of this Stipulation, and after petitioner has tiled an election to receive compensa
pursuant to 42 U. S.C. § 300aa-2 l ( a)( 1) , the Secretary of Health and Human Services will
the following vaccine compensation payment:
a lump sum of$143,000.00 in the fonn of a check payable to petitioner. Thi~
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, a
petitioner has filed both a proper and timely election to receive compensation pursuant to
U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceeding~
the special master to award reasonable attorneys' foes and costs incurred in proceeding ur
petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursua
this Stipulation is not for any items or services for which the Program is not primarily liat
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonab
expected to be made under any State compensation programs, insurance policies, Federal
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 ofthis Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i),
to the availabilitv of sufficient statutory funds.

Case 1:17-vv-00750-UNJ Document 50 Filed 04/10/19 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner as contemplated by a strict construction of 42 lJ .S.C.
§ 300aa-l 5(a) and (d), and su~ject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner. in her
individual capacity, and on behalf of her heirs. executor~. administrators, successors or assigns.
does forever ir.revocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and an actions or causes of action
(including agreements. judgments, claims. damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought. could have been brought or could be timely
brought in the Court of Federal Claims. under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out o~ any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the t1u vaccination admini.stered on or around October I I,
2016, as alleged by petitioner in a petition for vaccine compensation filed on or about June 6,
2017, in the United States Court ofFederal Claims as petition No. 17-750V.
14. If petitioner should die prior to entry of judgment, thb agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special maste1· fails to issue a decision in complete confonnity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete confom1ity with the terms of this Stipulation, then the parties·
settlement and this Stipulation shall be voidable at the sole discretion of either party.
3

Case 1:17-vv-00750-UNJ Document 50 Filed 04/10/19 Page 6 of 7
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of dwnages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged right
shoulder injury, or any other injury or condition.
I 8. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END Of STlPULAT ION
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
4

Case 1:17-vv-00750-UNJ Document 50 Filed 04/10/19 Page 7 of 7
Respectfully submitted.
PETITIONER:
ATTORNEY OF RECORD FOR At .:THORIZED REPRSE~TATlVE
PETITIONER: OF THE ATTORNEY GENERAL:
f~~
LEEBURDE E C~ RINE E. REEVES
/Btu·dette Law, PLLC Deputy Director
249 Main A venue South, Ste l 07 #3 3 3 Torts Branch
North Bend, WA 98045 Civil Division
Tel: (206) 441-5597 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
~~:Ic _~~/ .:}._!-'-~, :'_4:'-/J,:v( , y I 1_, __ ~.~& ~~
NARAYAN NAIR, M.D. ALEXIS B. BABCOCK
Director, Division of Injury Assistant Director
Compens-'ltion Programs (DICP_) Torts Branch
Healthcare S:,,stems Bureau Civil Division
Health Resources and Services Administration U.S. Department of Justice
U.S. Department of Health and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parkla,vr1 Building, Mail Stop 08N 146B Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 6 l 6-7678
&-\ \ 3_l_\' i ---······ -···
Dated: ...
5