VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00035
Package ID: USCOURTS-cofc-1_23-vv-00035
Petitioner: Kathleen Burden
Filed: 2024-10-22
Decided: 2024-11-22
Vaccine: influenza
Vaccination date: 2021-10-19
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Kathleen Burden filed a petition for compensation under the National Vaccine Injury Compensation Program on January 10, 2023. 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 an influenza vaccine on October 19, 2021. Ms. Burden claimed the vaccine was administered in the United States, that she experienced residual effects of her condition for more than six months, and that there had been no prior award or settlement of a civil action for damages related to her condition. The respondent, the Secretary of Health and Human Services, denied that Ms. Burden suffered a Table SIRVA injury, denied that any vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these opposing positions, the parties filed a joint stipulation on October 21, 2024, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision of the court. Pursuant to the stipulation, Ms. Burden was awarded a lump sum of $25,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act. This award represents a negotiated settlement of liability and damages. The decision was issued on November 22, 2024. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Ryan Pohlman Miller of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kathleen Burden filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on October 19, 2021. Petitioner alleged this was a Table injury with residual effects lasting more than six months. Respondent denied a Table SIRVA injury and causation. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $25,000.00 as compensation for all damages under the Vaccine Act. The stipulation represents a negotiated settlement of liability and damages. Petitioner was represented by Bridget Candace McCullough (Muller Brazil, LLP), and Respondent was represented by Ryan Pohlman Miller (U.S. Department of Justice). The decision date was November 22, 2024.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00035-0
Date issued/filed: 2024-11-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/22/2024) regarding 29 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00035-UNJ Document 33 Filed 11/22/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-35V
KATHLEEN BURDEN, Chief Special Master Corcoran
Petitioner, Filed: October 22, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 10, 2023, Kathleen Burden 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”), a Table injury, resulting from an influenza (“flu”) vaccine she
received on October 19, 2021. Pet., ECF No. 1. Petitioner further alleges that the vaccine
was administered in the United States, she experienced the residual effects of her
condition for more than six months, and there has been no prior award or settlement of a
civil action for damages on Petitioner’s behalf as a result of her condition. Id. Respondent
denies “that [P]etitioner suffered a Table SIRVA injury; denies that any vaccine caused
[P]etitioner’s alleged shoulder injury, or any other injury; and denies that [P]etitioner’s
current condition is a sequela of a vaccine-related injury.” Stipulation at 2, ECF No. 28.
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 1:23-vv-00035-UNJ Document 33 Filed 11/22/24 Page 2 of 7
Nevertheless, on October 21, 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.
Pursuant to the terms stated in the attached stipulation, I award the following
compensation:
A lump sum of $25,000.00 in the form of a check payable to Petitioner.
Stipulation at 2. 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 1:23-vv-00035-UNJ Document 33 Filed 11/22/24 Page 3 of 7
IN THE UNlTED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KATHLEEN BURDEN,
Petitioner,
v. No. 23-35V (SPU)
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Kathleen Burden, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-I0 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the vaccine on or about October 19, 2021.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a right Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time period set forth in the Table. She further alleges that
she experienced the residual effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages arising out of the alleged vaccine injury.
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Case 1:23-vv-00035-UNJ Document 33 Filed 11/22/24 Page 4 of 7
6. Respondent denies that petitioner suffered a Table SIRVA injury; denies that any
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that
petitioner's current condition is a sequela of a vaccine-related injury.
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 ofj udgment reflecting a decision consistent with
the tenns 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 $25,000.00, 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-l 5( a).
9. As soon as practicable after the entry of judgment 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-2 l(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 any proceeding upon
this petition.
10. Petitioner and petitioner's attorney represent that compensation to be provided
pursuant to this Stipulation is not for any items or services for which the Program is not
primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can
reasonably be expected to be made under any 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 by entities that provide health services on a pre-paid basis, and
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Case 1:23-vv-00035-UNJ Document 33 Filed 11/22/24 Page 5 of 7
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).
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable 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-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behaJf ofp etitioner's heirs, executors, administrators, successors or
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, vaccination as alleged by
petitioner in a petition for vaccine compensation filed on or about January I 0, 2023, in the
United States Court of Federal Claims as petition No. 23-35V.
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Case 1:23-vv-00035-UNJ Document 33 Filed 11/22/24 Page 6 of 7
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.
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 to 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 any vaccine caused petitioner's alleged injury or
any other injury or petitioner's current condition, or that petitioner suffered an injury contained
in the Vaccine Injury Table.
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 1:23-vv-00035-UNJ Document 33 Filed 11/22/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
/Li 1 cg
aJvl.t,.,- 11\ )..
KATHLEEN BURDEN
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
e r i, LL Deputy Director
715 Twining Road Torts Branch, Civil Division
Suite 208 U.S. Department of Justice
Dresher, PA 19025 P.O. Box 146
(215) 885-1655 Benjamin Franklin Station
bridget@mullerbrazil.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey S. Digitally signed by Jeffrey
S. Beach-S
-S
Beach Date: 2024.10.02 08:51:12 ~ /J. /h :J .t.,.,,
- ----· -04•00· for
CAPT GEORGE REED GRIMES, MD, MPH RYAN.MU.iER
Director, Division oflnjwy Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A (202) 305-3027
Rockville, MD 20857 ryan.mi11er2@usdoj.gov
Dated: __IO _j_f._J.....,/_1....:;~--
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