# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1703 V

Filed: February 10, 2022

UNPUBLISHED

REGIS GRICE

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Master Horner

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Ryan Truesdale, Groth Law Firm, S.C., Wauwatosa, WI , for petitioner.

Matthew Murphy , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On November 23, 2020

, Regis Grice 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”)

. ( ECF No

. 1

. )

On January 14, 2022

, a ruling on entitlement was issued , finding P etitioner entitled

to compensation for his SIRVA . On February 10, 2022

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 35

, 0 00 .00

. (ECF No

. 42. ) In the Proffer, R espondent represented that P etitioner agrees with the

proffered award. Id. Based on the record as a whole, I find that P etitioner is entitled to an

award as stated in the Proffer.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 E

Government 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. 3755.2 Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump

sum payment of $ 35

, 0 00.00 in the form of a check payable to P etitioner

. This amount

represents compensation for all damages that w ould 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/ Daniel T. Horner

Daniel T. Horner

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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

REGIS GRICE

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN

SERVICES,

Respondent. )

)

)

)

)

)

)

)

)

)

)

) No. 20

- 1703 V

Special Master Horner

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On November 30, 2020

, Regis Grice (“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 h e suffered a S houlder I njury R elated to Vaccine

Administration (“SIRVA”)

, as defined in the Vaccine Injury Table, following administration of

an influenza va ccine he received on October 16, 2019

. Amended Petition at 1

. On January 14,

2022 , 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 the same day

, the Special Master issued a Ruling on Entitlement finding

petitioner entit led to compensation. ECF No. 38 ; ECF No. 39

.

I. Items of Compensation

Respondent proffers that petitioner should be awarded $ 35 ,0 00.00 in pain and suffering

.

See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees. Th is amount represent all elem ents of

compensation to which petitioner is entitled under 42 U.S.C. § 300aa

- 15(a)

. Petitioner agrees.2 II. Form of the Award

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

Respondent recommends that the compensatio n provided to petitioner should be made through a

lump sum payment as described below and requests that the Special Master’s decision and the

Court’s judgment award the following 1 : a lump sum payment of $ 35,000.00

, in the form of a

check payable to petitioner.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Regis Grice : $ 35,000.00

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

s/ Matthew L. Murphy

MATTHEW L. MURPHY

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Ben Franklin Station

Washington, DC 20044

- 0146

Tel.: (202) 616

- 4840

Email: matthew.murphy@usdoj.gov

DATED: February 10 , 2022

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.