# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1298 V

Filed: March 21 , 2016

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

NANCY BURTIS

, *

*

Petitioner, * Damages Decision Based on Proffer;

v. * Influenza or Flu Vaccine; Shoulder

* Injury Related to Vaccine Administration

SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit

AND HUMAN SERVICES, * (“SPU”)

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Maximillian Muller , Muller Brazil LLP, Dresher, PA, for petitioner.

Julia McInerny , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On November 2, 2015 , Nancy Burtis (“petitioner”) filed a petition for

compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.

§300aa

- 10, et seq

. , 2 [ the “Vaccine Act” or “Program”]. Peti tioner alleges that she

suffered a shoulder injury caused in fact by the influenza vacci nation she received on

October 1 6, 2014

. Petit ion

, at ¶¶ 3

- 4

.

On February 3 , 2016

, the undersigned issued a ruling on entitlement finding

petitioner entitled to compensation for her shoulder injury rel ated to vaccine

administration (“SIRVA”) . On March 21

, 2016 , respondent filed a p roffer on a ward of

compensation (“Proffer”) indicating petitioner should be awarded $128,489.80

. Proffer

at 1

. In the Proffer, respondent represented that petitioner agrees with the proffered

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I inte nd

to post it on the United States Court of Federal Claims' website, in accordance with the E

- Government

Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amende d at 44 U.S.C. § 3501

note (2012 )) . In accordance with Vaccine Rule 18(b), petitioner has 14 day s 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 ag ree that the identified material fits withi n 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

award. Based on the record as a whole, the undersigned finds that petitioner is entitled

to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $ 128,489. 80 in the form of a check payable to

petitioner, Nancy Burtis

. This amount represents compensation for all damages that

would be available under § 300aa

- 15(a).

The clerk of the court is directed to enter judgment in accordance with this

decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice

renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ )

NANCY BURTIS

, ) No. 1 5

- 1298

) ECF

Petitioner, ) Chief Special Master Dorsey

)

v. )

)

SECRETARY OF HEALTH )

AND HUMAN SERVIC ES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

Based upon the evidence of record, respondent proffer s that petitioner should be awarded

$ 128,489.80

, which represents all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa

- 15(a). 1 Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment of $ 128,489.80 in the form of a check payable to petitioner.

Petitioner agrees.

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

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 medical

e xpenses , future lost earnings, and future pain and suffering

. Case 1:15-vv-01298-UNJ Document 14 Filed 03/21/16 Page 1 of 22 VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

LINDA S. RENZI

Senior Trial Counsel

Torts Branch, Civil Division

/s/ Julia W. McInerny

JULIA W. MCINERNY

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

DATED: March 21, 2016 (202) 353

- 3919 Case 1:15-vv-01298-UNJ Document 14 Filed 03/21/16 Page 2 of 2