In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-0479V

UNPUBLISHED

DEBORAH ANN BURNAROOS,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: March 6, 2020

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Tetanus 

Diphtheria acellular Pertussis (Tdap) 

Vaccine; Shoulder Injury Related to 

Vaccine Administration (SIRVA)

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.

Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On April 2, 2018, Deborah Ann Burnaroos 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”) within the Table timeframe or, alternatively, that her SIRVA 

was caused in fact by a July 31, 2017 Tetanus Diphtheria acellular Pertussis (“Tdap”) 

vaccine. Petition at 1, 8; Stipulation, filed March 6, 2020, at ¶¶ 2-5. Petitioner further 

alleges that the vaccine was administered in the United States, that she experienced 

symptoms of her injury for more than six months, and that there has been no prior 

award or settlement of a civil action for damages as a result of her alleged injuries. 

Petition at 1, 8; Stipulation at ¶¶ 3-6. “Respondent denies that petitioner sustained a 

Table SIRVA injury, denies that the vaccine caused or significantly aggravated 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 EGovernment 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. 

§ 300aa (2012).
2

petitioner’s alleged injury or any other injury; and, denies that petitioner’s current 

disabilities are the result of a vaccine-related injury.” Stipulation at ¶ 6. 

Nevertheless, on March 6, 2020, 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) A lump sum of $150,000.00 ($140,000.00 for pain and suffering, and 

$10,000.00 for loss of earnings) in the form of a check payable to 

Petitioner; and

(b) A lump sum of $22,830.87 for a State of Washington Medicaid lien, in the 

form of a check payable to Petitioner and Equian, P.O. Box 32100, 

Louisville, KY 40232, ATTN: Claim #45210923. Petitioner agrees to 

endorse this payment to the State of Washington for the Medicaid lien.

Stipulation at ¶ 8. This amount represents compensation for all items of damages that 

would be available under § 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 the 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.
1 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

___________________________________ 

) 

DEBORAH ANN BURNAROOS, ) 

) 

 Petitioner, ) No. 18-479V ECF

 ) 

 v. ) Chief Special Master Corcoran

 ) 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, ) 

) 

 Respondent. ) 

___________________________________ ) 

 

STIPULATION

The parties hereby stipulate to the following matters:

1. Petitioner, Deborah Ann Burnaroos, 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 tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine, which is contained in the Vaccine 

Injury Table (the “Table”), 42 C.F.R. § 100.3(a). 

2. On July 31, 2017, petitioner received a Tdap vaccine in the left arm. 

3. The vaccine was administered within the United States.

4. Petitioner alleges that, as a result of receiving the vaccine, she suffered the onset of a 

left shoulder injury related to vaccine administration (“SIRVA”) within the Table timeframe, or 

alternatively, that the vaccine caused a left shoulder injury, and that she experienced symptoms 

of the injury for more than six months. 

5. Petitioner represents that there has been no prior award or settlement of a civil action 
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for damages as a result of her alleged injuries. 

6. Respondent denies that petitioner sustained a Table SIRVA injury; denies that the 

vaccine caused or significantly aggravated petitioner’s alleged injury or any other injury; and, 

denies that petitioner’s current disabilities are the result 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 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-21(a)(1), the Secretary of Health and Human 

Services will issue the following vaccine compensation payments: 

(a) A lump sum of $150,000.00 ($140,000.00 for pain and suffering, and 

$10,000.00 for loss of earnings), in the form of a check payable to petitioner; and

(b) A lump sum of $22,830.87 for a State of Washington Medicaid lien, in the 

form of a check payable to petitioner and Equian, P.O. Box 32100, Louisville, KY 

40232; ATTN: Claim # 45210923. Petitioner agrees to endorse this payment to 

the State of Washington for the Medicaid lien.

These amounts represent compensation for all damages that would be available under 42 

U.S.C. § 300aa-15(a), including past unreimbursed expenses and loss of earnings. 

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. Section 300aa-21(a)(1), 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. 
3

10. Petitioner and her 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. 

11. Payment made pursuant to paragraph 8 of this Stipulation, 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 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-15(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 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, 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 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 
4

unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or 

alleged to have resulted from, the vaccine administered on July 31, 2017, as alleged by petitioner 

in a petition for vaccine compensation filed on or about April 2, 2018, in the United States Court 

of Federal Claims as petition No. 18-479V. 

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 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 petitioner sustained a Table injury, or that the 

vaccine either caused or significantly aggravated petitioner’s alleged injury or any other injury. 

18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s 
5

heirs, executors, administrators, successors, and/or assigns. 

END OF STIPULATION
Respectfully submitted, 

PETITIONER: 

~ ~ B,WVMOOJY' DEBORAH ANN BURNAROOS 

ATTORNEY OF RECORD FOR 

PETITIONER: 

AUTHORIZED REPRESENTATIVE 

OFTHESECRETARYOFHEALTH 

AND HUMAN SERVICES: 

WtZAd s6~ ~., 

TAMARA OVERBY 

Acting Director, Division of Injury 

Compensation Programs 

Healthcare Systems Bureau 

U.S. Department of Health 

and Human Services 

5600 Fishers Lane 

Parklawn Building, Mail Stop 08Nl46B 

Rockville, MD 20857 

Da!00: .-1( Ge I '2,o z_,V 

6 

AUTHORIZED REPRESENTATIVE 

OF THE ATTORJ\'EV GENERAL: 

INE E. REEVES 

Deputy Director 

Torts Branch 

Ci-vii Division 

U.S. Department of Justice 

P.O. Box 14{; 

Benjamin Franklin Station. 

Washington, DC 20044-0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

'-'"~ ... ,YL R. WIS.-·--

Senior Trial Attorney 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O.Box 146 

Benjamin Franklin Station 

Washington. DC 20044-0146 

Tel: (202} 616-4357