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UNPUBLISHED 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, Washington, DC, for 

Petitioner. 

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

DECISION AWARDING DAMAGES1

 On June 20, 2019, Brad Bundesen 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 he suffered he suffered a left Shoulder Injury 

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

administered to him on November 3, 2017. Petition at 1. Petitioner further alleges that his 

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

Processing Unit of the Office of Special Masters. 

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

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

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

consisting of $52,500.00 for pain and suffering, 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 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 “§” 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, 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 $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 for all damages that would be available 

under § 15(a). 

The clerk of the 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.
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 Vaccine Administration (“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: $52,500.00 for pain and suffering, and $481.25 for past unreimbursed expenses. 

This amount represents all elements 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 

described 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 of $52,981.25, in 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 BOSSERT 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