VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01135
Package ID: USCOURTS-cofc-1_16-vv-01135
Petitioner: Mark David Lundin
Filed: 2016-09-13
Decided: 2017-12-19
Vaccine: influenza
Vaccination date: 2013-09-25
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 71012

AI-assisted case summary:
Mark David Lundin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of his September 25, 2013 influenza vaccination. The case was assigned to the Special Processing Unit. Respondent conceded that petitioner's left shoulder injury was consistent with SIRVA and was caused in fact by the flu vaccine. Respondent also agreed that no other cause was identified and that petitioner met the statutory requirements for entitlement. A ruling on entitlement was issued on March 21, 2017, finding petitioner entitled to compensation. Subsequently, on May 25, 2017, respondent filed a proffer on award of compensation, indicating petitioner should be awarded $71,012.26. Petitioner agreed with this proffered award. The Chief Special Master awarded petitioner a lump sum payment of $71,012.26, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01135-0
Date issued/filed: 2017-10-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/21/2017) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01135-UNJ Document 33 Filed 10/20/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1135V
Filed: March 21, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARK DAVID LUNDIN, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul D. Bekman, Bekman, Marder & Adkins, LLC, Baltimore, MD, for petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 13, 2016, petitioner 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 a shoulder injury related to vaccine
administration (“SIRVA”) as a result of his September 25, 2013 influenza vaccination.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On March 20, 2017, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent “determined that petitioner’s left shoulder injury is
consistent with SIRVA, and that it was caused in fact by the flu vaccine he received on
September 25, 2013.” Id. at 5. Respondent further agrees that no other cause for
petitioner’s injury was identified, that petitioner suffered sequela of his injury for more
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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).

Case 1:16-vv-01135-UNJ Document 33 Filed 10/20/17 Page 2 of 2
than six months, and that petitioner has met the statutory requirements for entitlement
to compensation. Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01135-1
Date issued/filed: 2017-12-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/26/2017) regarding 22 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01135-UNJ Document 35 Filed 12/19/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1135V
Filed: May 26, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARK DAVID LUNDIN, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Bekman, Bekman, Marder & Adkins, LLC, Baltimore, MD, for petitioner.
Ann Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 13, 2016, petitioner 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 a shoulder injury related to vaccine
administration (“SIRVA”) following influenza (“flu”) vaccinations on September 25, 2013.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On March 21, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On May 25, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $71,012.26. Proffer at
1. In the Proffer, respondent represented that petitioner agrees with the proffered
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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).

Case 1:16-vv-01135-UNJ Document 35 Filed 12/19/17 Page 2 of 4
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 $71,012.26 in the form of a check payable to
petitioner, Mark David Lundin. This amount represents compensation for all
damages that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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.
2

Case 1:16-vv-01135-UNJ Document 35 Filed 12/19/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
MARK DAVID LUNDIN, )
)
Petitioner, )
) No. 16-1135V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s
Rule 4(c) Report, filed on March 20, 2017, conceding entitlement in this case. Based upon the
evidence of record, respondent proffers that petitioner should be awarded $71,012.26, which
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a) for his vaccine-related injury.1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $71,012.26 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
CHAD A. READLER
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 lost earnings, and future pain and suffering.

Case 1:16-vv-01135-UNJ Document 35 Filed 12/19/17 Page 4 of 4
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
s/ Ann D. Martin
ANN D. MARTIN
Senior 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) 307-1815
DATED: May 25, 2017
2