VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00372
Package ID: USCOURTS-cofc-1_13-vv-00372
Petitioner: Michael Berglund
Filed: 2014-10-29
Decided: 2014-10-29
Vaccine: tetanus
Vaccination date: 2011-07-13
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 109217

AI-assisted case summary:
Michael Berglund filed a petition on October 29, 2014, alleging that he received a tetanus vaccination on July 13, 2011, and subsequently suffered from brachial neuritis. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on February 6, 2014, conceding that the petitioner suffered a Table injury of brachial neuritis and recommended compensation. The parties subsequently filed a proffer on the award of compensation. Special Master Laura D. Millman reviewed the proffer and found its terms to be reasonable. The court awarded Michael Berglund a lump sum payment of $109,217.59. This amount represents the discounted present value of his projected lost earnings ($8,112.59), pain and suffering ($100,000.00), and past unreimbursable expenses ($1,105.00). The award was to be paid via check to the petitioner. A separate decision addressed attorneys' fees and costs. Petitioner filed an application for attorneys' fees and costs on November 14, 2014. Following discussions where the respondent raised objections, the petitioner amended his application. On December 1, 2014, the parties filed a stipulation of fact agreeing on the amounts. Special Master Millman awarded $18,000.00 for attorneys' fees and costs, to be paid via check jointly to the petitioner and his counsel, Paul S. Dannenberg. Additionally, $400.00 was awarded for petitioner's personal costs, to be paid via check to Michael Berglund. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. Petitioner was represented by Paul S. Dannenberg, and respondent was represented by Lisa A. Watts.

Theory of causation field:
Petitioner Michael Berglund alleged a Table injury of brachial neuritis following a tetanus vaccination on July 13, 2011. Respondent conceded that petitioner suffered a Table injury. The parties submitted a proffer on the award of compensation, which Special Master Laura D. Millman found reasonable. The award included $8,112.59 for projected lost earnings, $100,000.00 for pain and suffering, and $1,105.00 for past unreimbursable expenses, totaling $109,217.59. Attorneys' fees and costs of $18,000.00 were awarded jointly to petitioner and counsel Paul S. Dannenberg, and $400.00 for personal costs was awarded to petitioner Michael Berglund. The public decision does not detail the specific mechanism of causation or name any medical experts. The theory of causation relied on the Vaccine Injury Table. Decision date for damages was October 29, 2014, and for fees/costs was December 1, 2014. Attorneys for petitioner were Paul S. Dannenberg, and for respondent was Lisa A. Watts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00372-0
Date issued/filed: 2014-11-18
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/29/2014) regarding 25 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00372-UNJ Document 30 Filed 11/18/14 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-372V
Filed: October 29, 2014
Not for Publication
*************************************
MICHAEL BERGLUND, *
*
Petitioner, *
* Damages decision based on proffer;
v. * tetanus vaccine; brachial neuritis;
* Table injury
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Paul S. Dannenberg, Huntington, VT, for petitioner.
Lisa A. Watts, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On June 3, 2013, petitioner filed a petition under the National Childhood Vaccine Injury
Act, 42 U.S.C. §§ 300aa-10–34 (2006), alleging that he received tetanus vaccination on July 13,
2011, and thereafter suffered a Table injury of brachial neuritis. On February 6, 2014,
respondent filed her Rule 4(c) Report, conceding that petitioner suffered a Table injury of
brachial neuritis and recommending compensation.
1 Because this decision contains a reasoned explanation for the special master's action in this case, the
special master intends to post this decision on the United States Court of Federal Claims's website, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the
public unless they contain trade secrets or commercial or financial information that is privileged and
confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted
invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact
such information prior to the document=s disclosure. If the special master, upon review, agrees that the
identified material fits within the banned categories listed above, the special master shall redact such
material from public access.
1

Case 1:13-vv-00372-UNJ Document 30 Filed 11/18/14 Page 2 of 5
On October 29, 2014, respondent filed Respondent’s Proffer on Award of Compensation.
The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole,
the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to
the terms stated in the attached proffer, the court awards a lump sum payment of $109,217.59,
representing the discounted present value of petitioner’s projected lost earnings ($8,112.59), pain
and suffering ($100,000.00), and past unreimbursable expenses ($1,105.00). The award shall be
in the form of a check for $109,217.59 made payable to petitioner.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: October 29, 2014 /s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:13-vv-00372-UNJ Document 30 Filed 11/18/14 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
________________________________________
MICHAEL BERGLUND, )
) ECF
Petitioner, )
)
v. ) No. 13-372V
) Special Master
SECRETARY OF HEALTH AND HUMAN ) Laura D. Millman
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Life Care Items
Respondent proffers that, based on the evidence of record, petitioner is unlikely to incur
future medical expenses as a result of his vaccine-related injury. See 42 U.S.C. §
300aa-15(a)(1)(A). Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence of record, the net present value of
petitioner’s projected loss of earnings is $8,112.59. See 42 U.S.C. § 300aa-15(a)(3)(A).
Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded $100,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4), (f)(4)(A).
1

Case 1:13-vv-00372-UNJ Document 30 Filed 11/18/14 Page 4 of 5
Petitioner agrees.
D. Past Un-reimbursable Expenses
Evidence supplied by petitioner documents his expenditure of past un-reimbursable
expenses related to his vaccine-related injury. 42 U.S.C. § 300aa-15(a)(1)(B). Respondent
proffers that petitioners should be awarded past un-reimbursable expenses in the amount of
$1,105.00. Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no Medicaid liens outstanding against him.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the Special Master’s decision
and the Court’s judgment award the following:1
A. A lump sum payment of $109,217.59, representing the discounted present value
of petitioner’s projected lost earnings ($8,112.59), pain and suffering
($100,000.00), and past un-reimbursable expenses ($1,105.00) in the form of a
check payable to petitioner.
1. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner for projected lost earnings, pain
and suffering, and past un-reimbursable expenses: $109,217.59
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
lost earnings and future pain and suffering.
2

Case 1:13-vv-00372-UNJ Document 30 Filed 11/18/14 Page 5 of 5
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
s/Lisa A. Watts
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4099
Dated: October 29, 2014.
3

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00372-1
Date issued/filed: 2014-12-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/01/2014) regarding 32 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00372-UNJ Document 36 Filed 12/22/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-372V
December 1, 2014
Not to be Published
***************************************
MICHAEL BERGLUND, *
*
Petitioner, * Attorneys’ fees and costs decision
* based on Stipulation of Fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
***************************************
Paul S. Dannenberg, Huntington, VT, for petitioner.
Lisa A. Watts, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION1
On December 1, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
Petitioner filed his Attorneys’ Fees and Costs Application on November 14, 2014.
During informal discussions, respondent raised objections to certain items in petitioner’s
application. Based on these objections, petitioner amends his application to reflect an amount for
1 Because this decision contains a reasoned explanation for the special master’s action in this case, the
special master intends to post this decision on the United States Court of Federal Claims’s website, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the
public unless they contain trade secrets or commercial or financial information that is privileged and
confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted
invasion of privacy. When such a decision is filed, petitioners have 14 days to identify and move to
redact such information prior to the document’s disclosure. If the special master, upon review, agrees that
the identified material fits within the categories listed above, the special master shall redact such material
from public access.

Case 1:13-vv-00372-UNJ Document 36 Filed 12/22/14 Page 2 of 2
attorneys’ fees and costs of $18,000.00. In addition, petitioner requests reimbursement for
$400.00 in personal costs. Respondent does not object to these amounts. The undersigned finds
these amounts to be reasonable. Accordingly, the undersigned awards:
$18,000.00, representing reimbursement for attorneys’ fees and costs. The award shall be
in the form of a check made payable jointly to petitioner and Paul S. Dannenberg, Esq., in the
amount of $18,000.00, and
$400.00, representing reimbursement for personal costs for petitioner Michael Berglund.
The award shall be in the form of a check made payable to Michael Berglund in the amount of
$400.00.
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
December 1, 2014 /s/ Laura D. Millman
DATE Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2