In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS 

No. 14-581V

 Filed: March 9, 2015 

 

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

ASHLEY BURKART, * UNPUBLISHED 

 * Special Master Dorsey 

Petitioner, * 

 * 

v. * 

 * Decision on Proffer; Damages; 

SECRETARY OF HEALTH * Tetanus-Diphtheria-Acellular 

AND HUMAN SERVICES, * Pertussis (TDAP) Vaccine; Shoulder 

 * Injury Related to Vaccine 

Respondent. * Administration (SIRVA) 

 * 

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

Thomas P. Gallagher, Somers Point, NJ, for petitioner. 

Jennifer Leigh Reynaud, United States Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

 On July 9, 2014, Ashley Burkart (“petitioner”) filed a petition for compensation pursuant 

to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). 

Petitioner alleged that she received a tetanus-diphtheria-acellular pertussis (TDaP) vaccination in 

her left shoulder on September 2, 2012, and subsequently suffered a shoulder injury related to 

vaccine administration (SIRVA) as a result of the TDaP vaccination. See Petition at 

Introduction. 

 

1

 Because this decision contains a reasoned explanation for the undersigned’s action in this case, 

the undersigned intends to post this ruling on the website of the United States Court of Federal 

Claims, 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 (2006)). As provided by 

Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any 

information furnished by that party: (1) that is a trade secret or commercial or financial in 

substance and is privileged or confidential; or (2) that includes medical files or similar files, the 

disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 

18(b). 

2

 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National 

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 

42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to 

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 

 
2 

 On October 27, 2014, respondent filed a report pursuant to Vaccine Rule 4(c) conceding 

that petitioner is entitled to compensation in this case. Respondent’s Report at 4-5. Specifically, 

respondent agreed that the alleged injury was consistent with shoulder injury related to vaccine 

administration (“SIRVA”). Id. at 4. 

 On March 7, 2015, respondent filed a Proffer on Award of Compensation (“Proffer”). In 

the Proffer, respondent represented that petitioner agrees with the proffered 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 $35,000.00, in the form of a check payable to petitioner, 

Ashley Burkart. Respondent states that petitioner is a competent adult and that 

guardianship is not required in this case. This amount accounts for all elements of 

compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled. 

Proffer ¶ II. 

 In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court SHALL ENTER JUDGMENT herewith.3

 

IT IS SO ORDERED. 

 s/ Nora Beth Dorsey 

 Nora Beth Dorsey 

 Special Master 

 

3

 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of 

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

OFFICE OF SPECIAL MASTERS

ASHLEY BURKART, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 14-581V

 Special Master Dorsey

 ECF

PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation 

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

$35,000.00, which represents all elements of compensation to which petitioner would be entitled 

under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $35,000.00 in the form of a check payable to petitioner.1 

Petitioner agrees. 

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted,

BENJAMIN C. MIZER

Acting Assistant Attorney General

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 pain and suffering, and future lost wages.

1

 
RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Senior Trial Attorney

Torts Branch, Civil Division

 s/ Jennifer L. Reynaud 

JENNIFER L. REYNAUD

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Tel: (202) 305-1586

Date: March 7, 2015

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