# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19-0903V

UNPUBLISHED

BRAD BUNDESEN,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: October 28, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Wa shington, DC, for

Petitioner.

Kyle Edward Pozza, U.S. Department of Ju stice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On June 20, 2019, Brad Bundesen filed a petition for compensation under the

National Vaccine Injury Compensati on Program, 42 U.S.C. §300aa-10, et seq. 2 (the

“Vaccine Act”). Petitioner alleges that he suffered he suffered a left Shoulder Injury

Related to Vaccine Administrati on (“SIRVA”) as a result of an influenza (“flu”) vaccine

administered to him on November 3, 2017. Petiti on at 1. Petitioner furt her alleges that his

injury lasted longer than six months. Petition at 4. The case was assigned to the Special

Processing Unit of the Offi ce of Special Masters.

On October 28, 2020, a ruling on entitlement was issued, fi nding Petitioner entitled

to compensation for SIRVA. On October 28, 2020, Respondent filed a proffer on award

of compensation (“Proffer”) indicating Petiti oner should be awarded a total of $52,981.25,

consisting of $52,500.00 for pain and suff ering, and $481.25 for past unreimbursed

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 availa ble 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 whic h would constitute an unwarranted invasion of privacy.

If, upon review, I agree that the identified material fits with in this definition, I will r edact 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 expenses. Proffer at 1. In the Proffer, Re spondent 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 $52,981.25, consisting of $52,500.00 for pain and suffering, and

$481.25 for past unreimbursed expenses in the form of a check payable to

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

under § 15(a).

The clerk of the court is directed to enter judgment in a ccordance 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 c an 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

____________________________________ )

BRAD BUNDESEN, ) No. 19

- 903V

) Chief Special Master Brian H. Corcoran

Petitioner, )

)

v. )

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 15, 2020 , respondent conceded that entitlement to compensation was

appropriate under the terms of the Vaccine Act. Thereafter, on the same date, Chief Special

Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine

compensation for his Shoulder Injury Related to V accine Administratio n (“SIRVA”) and related

sequela

.

I. Amount of Compensation

Respondent now proffers that, based on the Chief Special Master’s entitlement decision

and the evidence of record, petitioner should be awarded $ 52,981.25

. The award is comprised of

the following: $ 52

, 5 00.00 for pain and suffering, and $ 481.25 for past unreimbursed expenses.

This amount represents all ele ments of compensation to which petitioner would be entitled under

42 U.S.C. § 300aa

- 15(a). Petitioner agrees.2 II. Form of the Award

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

d escribed below, and request that the Chief Special Master’s damages decision and the Court’s

judgment award the following: 1

A. Petitioner’s Damages

Respondent recommends that the compensation provided to petitioner should be made

through:

a lump sum o f $ 52,981.25

, i n the form of a check payable to petitioner. This

amount represents compensation for all damages that would be available under 42

U.S.C. § 300aa

- 15(a).

Petitioner agrees.

B. Guardianship

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

Respectfully submitted,

JEFFREY B OSSERT CLARK

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant 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 pain and suffering, and future lost wages.3 / s/ KYLE E. POZZA

_________ Kyle E. Pozza

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Ben Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 3661

Fax: (202) 616

- 4310

Email: kyle.pozza@usdoj.gov

Dated: October 28, 2020