In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-1298V

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Unpublished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 DAMAGES1

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”]. Petitioner alleges that she 

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

October 16, 2014. Petition, at ¶¶ 3-4. 

On February 3, 2016, the undersigned issued a ruling on entitlement finding 

petitioner entitled to compensation for her shoulder injury related to vaccine 

administration (“SIRVA”). On March 21, 2016, respondent filed a proffer on award 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

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 amended at 44 U.S.C. § 3501 

note (2012)). 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

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. 15-1298

) ECF

Petitioner, ) Chief Special Master Dorsey 

 )

 v. ) 

) 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, )

)

 Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

Based upon the evidence of record, respondent proffers 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 

expenses, future lost earnings, and future pain and suffering. 

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

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