VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01137
Package ID: USCOURTS-cofc-1_20-vv-01137
Petitioner: Donna Burke
Filed: 2020-09-03
Decided: 2022-03-30
Vaccine: influenza
Vaccination date: 2019-11-03
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 83654

AI-assisted case summary:
Donna Burke filed a petition for compensation alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 3, 2019. The respondent conceded that Petitioner is entitled to compensation, agreeing that her claim met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table. Specifically, her pain occurred within 48 hours of vaccination, was limited to the vaccinated shoulder, and no other condition explained her symptoms. A ruling on entitlement was issued on December 16, 2021, finding Petitioner entitled to compensation. Subsequently, on February 18, 2022, the respondent filed a proffer on award of compensation, stating Petitioner should be awarded $83,654.66, which included $82,500.00 for pain and suffering and $1,154.66 for past unreimbursable medical expenses. Petitioner agreed with this award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $83,654.66.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01137-0
Date issued/filed: 2022-01-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/16/2021) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01137-UNJ Document 28 Filed 01/19/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1137V
UNPUBLISHED
DONNA BURKE, Chief Special Master Corcoran
Petitioner, Filed: December 16, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 3, 2020, Donna Burke 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 she suffered a right shoulder injury related to
vaccine administration (SIRVA) after receiving an influenza (“flu”) vaccination on
November 3, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 15, 2021, Respondent filed his Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case because she meets the
criteria for a presumed SIRVA as defined by the Vaccine Injury Table. Respondent’s Rule
4(c) Report at 1, 4. Specifically, Petitioner had no history of pain, inflammation, or
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-01137-UNJ Document 28 Filed 01/19/22 Page 2 of 2
dysfunction in her shoulder; Petitioner’s pain occurred within 48 hours of receipt of an
intramuscular vaccination; Petitioner’s pain and reduced range of motion were limited to
the shoulder in which the vaccine was administered; and no other condition or abnormality
was identified to explain Petitioner’s symptoms. Id. at 4. Respondent further agrees that
“the statutory six-month sequela requirement has been satisfied.” 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-01137-1
Date issued/filed: 2022-03-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/22/2022) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01137-UNJ Document 34 Filed 03/30/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1137V
UNPUBLISHED
DONNA BURKE, Chief Special Master Corcoran
Petitioner, Filed: February 22, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 3, 2020, Donna Burke 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 she suffered a right shoulder injury related to
vaccine administration (SIRVA) after receiving an influenza (“flu”) vaccination on
November 3, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 16, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a right SIRVA. On February 18, 2022, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$83,654.66. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees
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-01137-UNJ Document 34 Filed 03/30/22 Page 2 of 4
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.
Accordingly, pursuant to the terms stated in the attached Proffer, I award Petitioner
a lump sum payment of $83,654.66 in the form of a check payable to Petitioner. This
consists of (1) $82,500.00 for pain and suffering and (2) $1,154.66 for past
unreimbursed medical expenses. Id. at 1-2.
These amounts represent compensation for all damages that would be available
under Section 15(a). Id. at 2.
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-01137-UNJ Document 34 Filed 03/30/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
DONNA BURKE, *
*
Petitioner, * No. 20-1137V
* Chief Special Master Corcoran
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 3, 2020, Donna Burke (“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 she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine she received on November 2, 2019. Petition at 1. On December 15, 2021,
respondent filed a Rule 4(c) Report, conceding that petitioner’s claim meets the Table criteria for
a SIRVA injury. ECF No. 24. On December 16, 2021, the Court issued a Ruling on Entitlement
finding petitioner entitled to compensation under the Vaccine Act. ECF No. 25.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
the following, and requests that the Chief Special Master’s decision and the Court’s judgment
award:
a. a lump sum payment of $82,500.00, which represents compensation for pain and
suffering, see 42 U.S.C. § 300aa-15(a)(4), and

Case 1:20-vv-01137-UNJ Document 34 Filed 03/30/22 Page 4 of 4
b. a lump sum payment of $1,154.66, which represents compensation for past
unreimbursed medical expenses, see 42 U.S.C. § 300aa-15(a)(1).
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that petitioner be awarded a lump sum payment of $83,654.66, in the
form of a check payable to petitioner. Petitioner agrees.
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: February 18, 2022
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future pain
and suffering.
2