VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00586
Package ID: USCOURTS-cofc-1_20-vv-00586
Petitioner: David Bunch
Filed: 2020-05-12
Decided: 2024-03-11
Vaccine: influenza
Vaccination date: 2018-11-05
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 1449210

AI-assisted case summary:
David Bunch filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on November 5, 2018. The respondent conceded that Mr. Bunch is entitled to compensation, finding that his condition satisfied the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. A ruling on entitlement was issued on September 8, 2021, finding Mr. Bunch entitled to compensation. Subsequently, on February 7, 2024, the respondent filed a proffer on award of compensation, indicating that Mr. Bunch should be awarded $1,449,210.51. This amount was comprised of $250,000.00 for pain and suffering, $24,395.51 for unreimbursable expenses, and $1,174,815.00 for past and future lost wages. Mr. Bunch agreed with the proffered award. The Chief Special Master issued a decision awarding damages on March 11, 2024, granting the lump sum payment of $1,449,210.51 to Mr. Bunch.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00586-0
Date issued/filed: 2021-10-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/08/2021) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00586-UNJ Document 35 Filed 10/08/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0586V
UNPUBLISHED
DAVID BUNCH, Chief Special Master Corcoran
Petitioner, Filed: September 8, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 12, 2020, David Bunch 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 left shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine that was administered
to him on November 5, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 7, 2021, 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 states that “petitioner has satisfied the criteria set forth in the
1 Because this unpublished Ruling 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 E-Government Act
of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government
Services). This means the Ruling 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).

Case 1:20-vv-00586-UNJ Document 35 Filed 10/08/21 Page 2 of 2
Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”).”
Id. at 5.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-00586-1
Date issued/filed: 2024-03-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/08/2024) regarding 85 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:20-vv-00586-UNJ Document 89 Filed 03/11/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-586V
DAVID BUNCH, Chief Special Master Corcoran
Petitioner, Filed: February 8, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 12, 2020, David Bunch 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 an influenza vaccination on November 5, 2018. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 8, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On February 7, 2024, Respondent filed a proffer
on award of compensation (“Proffer”) indicating that Petitioner should be awarded
$1,449,210.51 comprised of $250,000.00 for pain and suffering, $24,395.51 for
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:20-vv-00586-UNJ Document 89 Filed 03/11/24 Page 2 of 5
unreimbursable expenses, and $1,174,815.00 for past and future lost wages.3 Proffer at
1-2. 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 $1,449,210.51 (comprised of $250,000.00 for pain and suffering,
$24,395.51 for unreimbursable expenses, and $1,174,815.00 for past and future lost
wages) in the form of a check payable to P etitioner. 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 The lost wages component is adjusted to net present value in accordance with 42 U.S.C. § 300aa-
15(f)(4)(A).
4 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 1:20-vv-00586-UNJ Document 89 Filed 03/11/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
DAVID BUNCH, )
)
Petitioner, ) No. 20-586V (ECF)
) Chief Special Master Corcoran
v. )
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 12, 2020, David Bunch (“petitioner”) filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or
“Act”), alleging that he suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza
vaccine he received on November 5, 2018. Petition at 1. On September 7, 2021, the Secretary
of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is
appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on
September 8, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 31; ECF No. 32.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $250,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00586-UNJ Document 89 Filed 03/11/24 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents his expenditure of past unreimbursable
expenses related to his vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $24,395.51. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that he incurred past and future lost wages
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
and future lost wages in the amount of $1,174,815.00. See 42 U.S.C. § 300aa-15(a)(3)(A).
Petitioner agrees. The future wages component of this amount is adjusted to net present value in
accordance with 42 U.S.C. § 300aa-15(f)(4)(A). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $1,449,210.51, in the form
of a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, David Bunch: $1,449,210.51
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:20-vv-00586-UNJ Document 89 Filed 03/11/24 Page 5 of 5
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Dorian Hurley
DORIAN HURLEY
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) 353-7751
Email: Dorian.Hurley@usdoj.gov
DATED: February 7, 2024
3