In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0277V

UNPUBLISHED

RENEE LACOURSE-BURMEISTER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: August 18, 2022

Special Processing Unit (SPU); 

Damages Decision based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON DAMAGES1

On March 12, 2020, Renee LaCourse-Burmeister 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 as a result of an influenza (“flu”) vaccine

received on September 25, 2018, she suffered a shoulder injury related to vaccine 

administration (“SIRVA”) as defined on the Vaccine Injury Table (the “Table”). Petition 

1 Because this unpublished opinion contains a reasoned explanation for the action in this case, I am 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 opinion 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 (2012).
2

(ECF No. 1) at Preamble. The case was assigned to the Special Processing Unit (“SPU”) 

of the Office of Special Masters. 

On February 16, 2022, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for SIRVA. On August 18, 2022, Respondent filed a proffer on 

award of compensation. In the Proffer, Respondent represented that Petitioner agrees 

with the proffered award. Id. Based on the record as a whole, I find that Petitioner is 

entitled to an award as stated in the Proffer. 

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump 

sum payment of $45,824.68 (representing $45,000.00 for pain and suffering, and 

$824.68 for past unreimbursable expenses) in the form of a check payable to 

Petitioner. This amount represents compensation for all damages that would be available 

under Section 15(a). 

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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS

__________________________________________ 

 ) 

RENEE LACOURSE-BURMEISTER, ) 

 ) 

 Petitioner, ) 

 ) No. 20-277V (ECF)

v. ) Chief Special Master Corcoran 

 ) 

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

__________________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On March 12, 2020, petitioner filed a Petition for Compensation alleging that she 

suffered a shoulder injury related to vaccine administration (“SIRVA”), following the receipt of 

a flu vaccine administered on September 25, 2018. On June 28, 2021, respondent filed a Rule 

4(c) Report stating that the medical records in this case do not establish that petitioner’s 

condition began within 48 hours of vaccination, which is a Vaccine Table requirement for 

SIRVA. ECF No. 30 at 5-7, 42 C.F.R. § 100.3 (c)(3)(10)(ii). Respondent further explained that 

the record did not establish that petitioner’s symptoms persisted for at least six months. ECF No. 

30 at 5-7; 42 U.S.C. § 300aa-11 (c)(1)(D)(1). On October 12, 2021, petitioner moved for a 

Ruling on the Record arguing that her symptoms of SIRVA began within forty-eight hours of 

vaccination, and that she suffered the residual effects or complications of her injury for more 

than six months. ECF No. 33 at 1. On October 19, 2021, respondent filed a response to 

petitioner’s motion arguing that the medical record evidence did not support either of petitioner’s 

proposed findings. ECF No. 35. 

On February 12, 2022, the Chief Special Master issued a Ruling on Entitlement 
2 

concluding “that [p]etitioner suffered the residual effects of her alleged SIRVA for more than six 

months, [and] that she suffered the onset of symptoms within 48 hours.” ECF no. 36 at 2. He 

explained that the parties only presented a dispute on those two elements of petitioner’s claim, 

and that the record otherwise satisfies the remaining Table SIRVA and statutory criteria. See

ECF No. 36 at 12-13 citing 42 C.F.R. § 100.3 (c)(3)(10)(i-iv). Thus, he concluded that petitioner 

was entitled to compensation under the Vaccine Act.1

I. Items of Compensation 

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

the following, and requests that the Chief Special Master’s decision and the Court’s judgment 

award: 

a. a lump sum payment of $45,000.00, which represents compensation for pain and 

suffering, see 42 U.S.C. § 300aa-15(a)(4), and 

 

b. a lump sum payment of $824.68, which represents compensation for past 

unreimbursed medical expenses, see 42 U.S.C. § 300aa-15(a)(1). 

These amounts represent all elements of compensation to which petitioner would be 

entitled under 42 U.S.C. § 300aa-15(a).2

 Petitioner agrees. 

II. Form of the Award 

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

Respondent recommends that petitioner be awarded a lump sum payment of $45,824.68, in the 

form of a check payable to petitioner. Petitioner agrees.

1

 Nothing stated in this filing should be construed as a concession on any issues previously 

raised by respondent, or as a waiver of respondent’s right to seek review of the Court’s February 

16, 2022, Ruling on Entitlement. 

 

2

 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the 

Court for appropriate relief. In particular, respondent would oppose any award for future pain 

and suffering.
3 

Respectfully submitted, 

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney General 

C. SALVATORE D’ALESSIO 

Acting Director 

Torts Branch, Civil Division 

HEATHER L. PEARLMAN 

Deputy Director 

Torts Branch, Civil Division 

 

 ALEXIS B. BABCOCK 

Assistant Director 

 Torts Branch, Civil Division 

 /s/ DEBRA A. FILTEAU BEGLEY 

 DEBRA A. FILTEAU BEGLEY 

 Senior Trial Attorney 

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146 

 Benjamin Franklin Station 

 Washington, D.C. 20044-0146 

 Phone: (202) 616-4181 

Dated: August 18, 2022