VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00187
Package ID: USCOURTS-cofc-1_21-vv-00187
Petitioner: Michelle Burkemper
Filed: 2021-01-07
Decided: 2024-02-09
Vaccine: influenza
Vaccination date: 2019-11-26
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 160971

AI-assisted case summary:
Michelle Burkemper filed a petition for compensation on January 7, 2021, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination she received on November 26, 2019. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report on October 14, 2022, conceding that Petitioner is entitled to compensation, finding that her claim met the Table criteria for SIRVA. A ruling on entitlement was issued on October 18, 2022, finding Petitioner entitled to compensation. On January 5, 2024, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $145,000.00 for pain and suffering and $15,971.71 for past unreimbursable expenses, which Petitioner agreed to. The Chief Special Master issued a Decision Awarding Damages on February 9, 2024, awarding Petitioner a total lump sum payment of $160,971.71.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00187-0
Date issued/filed: 2022-12-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/18/2022) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00187-UNJ Document 29 Filed 12/07/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-187V
UNPUBLISHED
MICHELLE BURKEMPER, Chief Special Master Corcoran
Petitioner, Filed: October 18, 2022
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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Michelle Burkemper 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 that she suffered a Table injury – Shoulder Injury
Related to Vaccine Administration (SIRVA) – as a result of her influneza (“flu”) vaccination
on November 26, 2019. Petition at 1. Petitioner further alleges that she suffered the
residual effects of her injury for more than six months, and that there has been no prior
award or settlement of a civil action on her behalf as a result of her injury. See Petition at
¶¶ 3, 5. 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 1:21-vv-00187-UNJ Document 29 Filed 12/07/22 Page 2 of 2
On October 14, 2022, 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 indicates that
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”), have reviewed the
facts of this case and concluded that petitioner’s claim meets the Table
criteria for SIRVA. Specifically, petitioner had no history of pain,
inflammation, or dysfunction in the affected shoulder prior to intramuscular
vaccine administration that would explain the alleged signs, symptoms,
examination findings, and/or diagnostic studies occurring after vaccine
injection; she more likely than not suffered the onset of pain within forty-
eight hours of vaccine administration; her pain and reduced ROM were
limited to the shoulder in which the intramuscular vaccine was administered;
and there is no other condition or abnormality present that would explain
petitioner’s symptoms.
Id. at 10-11 (citing 42 C.F.R. § 100.3(a), (c)(10)). Respondent further agrees that
[w]ith respect to other statutory and jurisdictional issues, the record
evidence demonstrates that this case was timely filed, that the vaccine was
received in the United States, and that petitioner satisfies the statutory
severity requirement by suffering the residual effects or complications of her
injury for more than six months after vaccine administration.
Id. at 11 (citing 42 U.S.C. § 300aa-11(c)(1)(D)(i)).
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_21-vv-00187-1
Date issued/filed: 2024-02-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/05/2024) regarding 41 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00187-UNJ Document 45 Filed 02/09/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-187V
MICHELLE BURKEMPER, Chief Special Master Corcoran
Petitioner, Filed: January 5, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Michelle Burkemper 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 Table injury – Shoulder Injury
Related to Vaccine Administration (SIRVA) – as a result of her influneza (“flu”) vaccination
on November 26, 2019. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On October 18, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On January 5, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $145,000.00 in
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-00187-UNJ Document 45 Filed 02/09/24 Page 2 of 5
damages for pain and suffering, and $15,971.71 for past unreimbursable expenses.
Proffer at 1-2. 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 $160,971.71 (representing $145,000.00 in damages for pain and
suffering, and $15,971.71 for past unreimbursable expenses) 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 1:21-vv-00187-UNJ Document 45 Filed 02/09/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
MICHELLE BURKEMPER, )
)
Petitioner, )
) No. 21-187V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 7, 2021, Michelle Burkemper (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to
-34 (“Vaccine 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 that she received on November 26, 2019. ECF No. 1 at 1. On October 14,
2022, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) report
indicating that this case was appropriate for compensation under the terms of the Vaccine Act for
a SIRVA Table Injury. ECF No. 24. On October 18, 2022, the Chief Special Master issued a
Ruling on Entitlement finding that petitioner was entitled to compensation. ECF No. 26.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $145,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00187-UNJ Document 45 Filed 02/09/24 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses pertaining to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $15,971.71. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts 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 following:1 a lump sum payment of $160,971.71, in the form of
a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Michelle Burkemper: $160,971.71
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy 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 1:21-vv-00187-UNJ Document 45 Filed 02/09/24 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Benjamin P. Warder
BENJAMIN P. WARDER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Telephone: (202) 532-5464
Email: Benjamin.P.Warder@usdoj.gov
DATE: January 5, 2024
3