VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00302
Package ID: USCOURTS-cofc-1_19-vv-00302
Petitioner: Stephen Burritt
Filed: 2019-02-26
Decided: 2020-05-26
Vaccine: influenza
Vaccination date: 2017-09-28
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 375000

AI-assisted case summary:
Heather A. Chasman, as Executor of the Estate of Stephen Burritt, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 26, 2019. The petition alleged that her father, Stephen Burritt, received an influenza vaccine on September 28, 2017, and subsequently developed Guillain-Barré Syndrome (GBS), which led to his death on October 25, 2017. The case was assigned to the Special Processing Unit. On April 20, 2020, the respondent filed a Rule 4(c) report conceding that Mr. Burritt was entitled to compensation. The respondent agreed that Mr. Burritt suffered the Table injury of GBS following a flu vaccine within the Table time period, that there was no evidence of an unrelated cause, and that the claim met the statutory severity requirements due to his death as a proximate cause of the GBS. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 20, 2020, finding the petitioner entitled to compensation. Subsequently, on April 21, 2020, the parties filed a stipulation and proffer regarding the award of damages. The respondent proffered an award of $375,000.00, consisting of $125,000.00 for past pain and suffering and $250,000.00 for the statutory death benefit. The petitioner agreed with this proffered award. Chief Special Master Corcoran issued a decision on April 21, 2020, awarding the petitioner a lump sum payment of $375,000.00, payable by check to Heather A. Chasman as Executor of the Estate of Stephen Burritt. The award represented all damages available under § 15(a). Petitioner counsel was Matthew F. Belanger of Faraci Lange, LLP, and respondent counsel was Traci R. Patton of the U.S. Department of Justice. The decision was made by Chief Special Master Brian H. Corcoran.

Theory of causation field:
Petitioner Heather A. Chasman, Executor of the Estate of Stephen Burritt, alleged that Stephen Burritt suffered Guillain-Barré Syndrome (GBS) due to an influenza vaccine administered on September 28, 2017, which led to his death on October 25, 2017. The respondent conceded that Mr. Burritt suffered a Table injury of GBS following the flu vaccine within the Table time period, that there was no evidence of an unrelated cause, and that the injury met the statutory severity requirements due to his death. The case was decided based on this concession and stipulation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 20, 2020, and a decision awarding damages on April 21, 2020. The award was $375,000.00, comprising $125,000.00 for past pain and suffering and $250,000.00 for the statutory death benefit, paid as a lump sum to the petitioner. Petitioner's counsel was Matthew F. Belanger, and respondent's counsel was Traci R. Patton.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-00302-0
Date issued/filed: 2020-05-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/20/2020) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00302-UNJ Document 35 Filed 05/22/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0302V
UNPUBLISHED
HEATHER A. CHASMAN, Chief Special Master Corcoran
Executor of the
ESTATE OF STEPHEN BURRITT, Filed: April 20, 2020
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On February 26, 2019, Heather A. Chasman 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 her father, Stephen Burritt, suffered
Guillain-Barré Syndrome (GBS) due to an influenza (“flu”) vaccine administered to him
on September 28, 2017, which led to his death on October 25, 2017. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
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). This means the ruling 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, 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 1:19-vv-00302-UNJ Document 35 Filed 05/22/20 Page 2 of 2
On April 20, 2020, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, Respondent concludes that Mr. Burritt suffered the Table injury of
GBS following a flu vaccine within the Table time period, and there is not a
preponderance of the medical evidence that his GBS was due to a factor unrelated to
the vaccination Id. at 5. Respondent further agrees that the claim also meets the
statutory severity requirements because the medical records establish that Mr. Burritt
died as a proximate cause of his GBS. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-00302-1
Date issued/filed: 2020-05-26
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/21/2020) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00302-UNJ Document 36 Filed 05/26/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0302V
UNPUBLISHED
HEATHER A. CHASMAN, Chief Special Master Corcoran
Executor of the
ESTATE OF STEPHEN BURRITT, Filed: April 21, 2020
Petitioner, Special Processing Unit (SPU);
v. Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Guillain-
SECRETARY OF HEALTH AND Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On February 26, 2019, Heather A. Chasman 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 her father, Stephen Burritt, suffered
Guillain-Barré Syndrome (GBS) due to an influenza (“flu”) vaccine administered to him
on September 28, 2017, which led to his death on October 25, 2017. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 20, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On April 21, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $375,000.00,
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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). 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, 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 1:19-vv-00302-UNJ Document 36 Filed 05/26/20 Page 2 of 4
consisting of $125,000.00 for Mr. Burritt’s past pain and suffering and $250,000.00 for
the statutory death benefit. Proffer at 1. In the Proffer, Respondent represented that
Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find
that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $375,000.00 in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
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 1:19-vv-00302-UNJ Document 36 Filed 05/26/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
HEATHER A. CHASMAN, Executor of the
)
Estate of STEPHEN BURRITT,
)
) No. 19-302V
Petitioner,
) Chief Special Master Corcoran
v.
) ECF
)
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
Petitioner, on behalf of the estate of her father, Stephen Burritt, filed a petition for
compensation on February 26, 2019, alleging that her father suffered Guillain-Barré Syndrome
(“GBS”) due to an influenza (“flu”) vaccine administered to him on September 28, 2017, which
led to his death on October 25, 2017. On April 20, 2020, respondent filed a Rule 4(c) Report,
conceding that entitlement to compensation was appropriate under the terms of the Vaccine Act.
Chief Special Master Corcoran issued a Ruling on Entitlement the same day, finding that
petitioner was entitled to vaccine compensation for her father’s injury and death.
I. Compensation for Vaccine Injury-Related Items
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$375,000.00, consisting of $125,000.00 for Mr. Burritt’s past pain and suffering and $250,000.00
for the statutory death benefit. This represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:19-vv-00302-UNJ Document 36 Filed 05/26/20 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
lump sum payment of $375,000.00, in the form of a check payable to petitioner, as Executor of
the Estate of Stephen Burritt. Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Petitioner has provided documentation establishing that she has been appointed Executor of the
Estate of Stephen Burritt.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/ Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 353-1589
Dated: April 21, 2020
2