Roxanne Rae Burkhardt v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Roxanne Rae Burkhardt filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed in the Vaccine Injury Table, as a result of receiving a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine on July 28, 2020.

Ms. Burkhardt stated that the vaccine was administered in the United States, that she experienced residual effects of the injury for more than six months, and that she had not received a prior award or settlement for this condition.

The respondent, the Secretary of Health and Human Services, denied that Ms. Burkhardt sustained a SIRVA Table Injury, denied that the Tdap vaccine caused her alleged shoulder injury, and denied that the vaccine caused any other injury or her current condition.

Despite these denials, the parties filed a joint stipulation on March 6, 2023, agreeing to settle the case. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Ms.

Burkhardt was awarded a lump sum of $120,000.00, payable by check, as compensation for all damages available under the Vaccine Act. This decision was issued on March 7, 2023.

Petitioner was represented by Rhonda Lorenz-Pignato of Shannon Law Group, P.C. Respondent was represented by Benjamin Patrick Warder of the U.S.

Department of Justice.