VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00043
Package ID: USCOURTS-cofc-1_21-vv-00043
Petitioner: Gina Burgese
Filed: 2021-01-04
Decided: 2024-08-27
Vaccine: influenza
Vaccination date: 2020-10-02
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 17500

AI-assisted case summary:
Gina Burgese filed a petition for vaccine compensation on January 4, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 2, 2020. She claimed the residual effects of this injury lasted 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 July 23, 2024, agreeing to a settlement. The court adopted the stipulation as its decision, awarding Gina Burgese $17,500.00 as a lump sum. This amount is intended to compensate for all damages available under the Vaccine Act. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The stipulation also addressed future proceedings for attorneys' fees and costs. Gina Burgese, an adult, released the United States and the Secretary of Health and Human Services from further claims related to this vaccination in exchange for the compensation.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00043-0
Date issued/filed: 2024-08-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/23/2024) regarding 45 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00043-UNJ Document 49 Filed 08/27/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0043V
GINA BURGESE,
Chief Special Master Corcoran
Petitioner,
v.
Filed: July 23, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 4, 2021, Gina Burgese 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 shoulder injury related to vaccine
administration (SIRVA) as a result of an influenza (flu) vaccine she received on October
2, 2020. Petition at 1; Stipulation, filed at July 23, 2024, ¶¶ 1-4. Petitioner further alleges
that she suffered the residual effects of her injury for more than six months. Petition at 4;
Stipulation at 4. “Respondent denies that petitioner suffered from left shoulder injury as a
result of the flu vaccine, and denies that the flu vaccine caused her any other injury or her
current condition.” Stipulation at ¶ 6.
Nevertheless, on July 23, 2024, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00043-UNJ Document 49 Filed 08/27/24 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $17,500.00, 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 Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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 1:21-vv-00043-UNJ Document 49 Filed 08/27/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
GINA BURGESE, )
)
Petitioner, )
) No. 21-43V
V. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
________________
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Gina Burgese ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on or about October 2, 2020.
3. The vaccine was administered in the United States.
4. Petitioner alleges that she suffered a left shoulder injury related to vaccine
administration, ("SIRVA") as a result of receiving the flu vaccine. Petitioner further alleges that
she experienced the residual effects of this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her alleged condition.
6. Respondent denies that petitioner suffered from left shoulder injury as a result of the
flu vaccine, and denies that the flu vaccine caused her any other injury or her current condition.

Case 1:21-vv-00043-UNJ Document 49 Filed 08/27/24 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of$17,500.00 in the form of a check payable to petitioner. This
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, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2l(a)(l}, and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that they have identified to respondent all known
sources of payment for items or services for which the Program is not primarily liable under 42
U.S.C. § 300aa-15(g), including State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or entities that provide health services on a prepaid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the
availability of sufficient statutory funds.
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Case 1:21-vv-00043-UNJ Document 49 Filed 08/27/24 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, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject 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, executors, administrators, successors, and assigns,
does forever irrevocably and unconditionally release, acquit, and discharge the United States and
the Secretary of Health and Human Services from any and all 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 United States 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
of, 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 flu vaccination administered on or
about October 2, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or
about January 4, 2021, in the United States Court of Federal Claims as petition No. 21-43V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms of
this Stipulation or if the United States Court of Federal Claims fails to enter judgment in
conformity with a decision that is in complete conformity with the terms of this Stipulation, then
the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party.
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Case 1:21-vv-00043-UNJ Document 49 Filed 08/27/24 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 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 damages, 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 left shoulder
injury, any other injury, or her current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:21-vv-00043-UNJ Document 49 Filed 08/27/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
,,tiw~~
GINA BURGESE f
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
-~ T~~~/t{lt .
EMILY B. ASHE, ESQUIRE
ANAPOL WEISS Deputy Director
One Logan Square Torts Branch
130 North 18th Street Civil Division
Suite 1600 U.S. Department of Justice
Philadelphia, PA 19103 P.O. Box 146
Tel: (215) 735-803 7 Benjamin Franklin Station
Email: eashe@anapolweiss.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Digitally signed by
George R. Grimes •S14
Grimes -514 Date: 2024.07.09 14:27:59
-04'00'
CAPT GEORGE REED GRIMES, MD, MPH A
Director, Division oflnjury Compensation
Programs
, i • Division
Health Systems Bureau
U.S. Department of Justice
Health Resources and Services Administration
P.O. Box 146
U.S. Department of Health and Human Services
Ben Franklin Station
5600 Fishers Lane, 08W-25A
Washington, DC 20044-0146
Rockville, MD 20857
Tel: (202) 451-7479
Email: Austin.J.Egan@usdoj.gov
,Ju~ J_3, J!)JL(
Dated:
'
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