VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00871
Package ID: USCOURTS-cofc-1_20-vv-00871
Petitioner: John Birrell-Levine
Filed: 2020-07-16
Decided: 2022-06-14
Vaccine: influenza
Vaccination date: 2019-11-27
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
John Birrell-Levine filed a petition on July 16, 2020, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that on November 27, 2019, he received an influenza vaccine and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA). Mr. Birrell-Levine stated that the vaccine was administered in the United States, that the residual effects of his injury lasted for more than six months, and that he had not received other compensation or filed a civil action for these injuries. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 21, 2021, conceding that Mr. Birrell-Levine was entitled to compensation. The respondent noted that no other causes for the injury were identified and that the sequelae lasted more than six months, agreeing that the petitioner met the statutory requirements for entitlement. On October 26, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding the petitioner entitled to compensation. Subsequently, on April 26, 2022, the respondent filed a proffer on award of compensation, recommending an award of $45,000.00. The respondent stated that the petitioner agreed with this proffered award. In a decision dated June 14, 2022, Chief Special Master Corcoran awarded Mr. Birrell-Levine a lump sum payment of $45,000.00 for pain and suffering, payable by check to the petitioner. This amount represented compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Douglas Lee Burdette of Burdette Law, Sahuarita, AZ, and respondent was represented by Zoe Wade of the U.S. Department of Justice, Washington, DC.

Theory of causation field:
Petitioner John Birrell-Levine alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on November 27, 2019. The respondent conceded entitlement, stating no other causes for the injury were identified and the sequelae lasted more than six months. The case was determined to be a Table Injury. The public text does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. Petitioner was awarded $45,000.00 as a lump sum for pain and suffering. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on October 26, 2021, and the final decision awarding damages on June 14, 2022. Petitioner's counsel was Kelly Danielle Burdette and Douglas Lee Burdette; Respondent's counsel was Zoe Wade.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00871-0
Date issued/filed: 2021-11-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/26/2021) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00871-UNJ Document 25 Filed 11/30/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0871V
UNPUBLISHED
JOHN BIRRELL-LEVINE, Chief Special Master Corcoran
Petitioner, Filed: October 26, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Kelly Danielle Burdette, Burdette Law, PLLC, North Bend, WA, for Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 16, 2020, John Birrell-Levine 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 he suffered a left shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine received on November 27,
2019. Petition at 1. Petitioner further alleges the vaccine was received in the United
States, he suffered residual effects of his injury for more than six months, and he has not
received compensation or filed a civil action for his vaccine-related injuries. Petition at
¶¶ 3, 10, 12. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:20-vv-00871-UNJ Document 25 Filed 11/30/21 Page 2 of 2
On October 21, 2021, 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 “did not identify any other causes for petitioner’s injury, and
records show that he suffered the sequela of this injury for more than six months.” Id. at
3. Respondent further agrees that “petitioner has met the statutory requirements for
entitlement to compensation . . . . [and] satisfied all legal prerequisites for compensation
under the Act.” 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

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00871-1
Date issued/filed: 2022-06-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/26/2022) regarding 33 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00871-UNJ Document 36 Filed 06/14/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0871V
UNPUBLISHED
JOHN BIRRELL-LEVINE, Chief Special Master Corcoran
Petitioner, Filed: April 26, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Douglas Lee Burdette, Burdette Law, Sahuarita, AZ, for Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 16, 2020, John Birrell-Levine 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 he suffered a left shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine received on November 27,
2019. Petition at 1. Petitioner further alleges the vaccine was received in the United
States, he suffered residual effects of his injury for more than six months, and he has not
received compensation or filed a civil action for his vaccine-related injuries. Petition at
¶¶ 3, 10, 12. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On October 26, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On April 26, 2022, Respondent filed a proffer on award of
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:20-vv-00871-UNJ Document 36 Filed 06/14/22 Page 2 of 5
compensation (“Proffer”) indicating Petitioner should be awarded $45,000.00. 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 $45,000.00 for pain and suffering in the form of a check payable to
Petitioner. This amount represents compensation for all damages that would be available
under Section 15(a).
The Clerk of 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 1:20-vv-00871-UNJ Document 36 Filed 06/14/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOHN BIRRELL-LEVINE,
Petitioner,
No. 20-871V
v.
Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 16, 2020, John Birrell-Levine (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that he suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine he received on November 25, 2019. Petition at 1. On October 21, 2021,
the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating
that this case is appropriate for compensation under the terms of the Act for a SIRVA Table
injury, and on October 26, 2021, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 22; ECF No. 23.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $45,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00871-UNJ Document 36 Filed 06/14/22 Page 4 of 5
This amount represent all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $45,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, John Birrell-Levine: $45,000.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant 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 lost earnings
and future pain and suffering.
2

Case 1:20-vv-00871-UNJ Document 36 Filed 06/14/22 Page 5 of 5
/s/ Zoë R. Wade
ZOË R. WADE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 616-4118
zoe.wade@usdoj.gov
Date: April 26, 2022
3