# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-1192V

Filed: November 30, 2015

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

CHARLES K. RICE, *

*

Petitioner, * Damages Decision Based on Proffer;

* Influenza (“Flu”) Vaccine; Shoulder

* Injury Related to Vaccine Administration

SECRETARY OF HEALTH * (“SIRVA ”); Special Processing Unit

AND HUMAN SERVICES, * (“SPU”)

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Patrick Joseph Austin, Esq., Shapiro, Lewis, et al., Virginia Beach, VA, for petitioner.

Michael Patrick Milmoe, Esq., U.S. Depar tment of Justice, Washington, DC for

respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On December 11, 2014, petitioner fil ed a petition for compensation under the

National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 [the

“Vaccine Act” or “Program”] . Petitioner alleges that he suffered a shoulder injury

caused by the influenza vaccine he received on November 8, 2012. Petition, ¶¶ 11-12.

The case was assigned to the Special Processi ng Unit of the Office of Special Masters.

On June 16, 2015, a ruling on entitlement was issued, finding petitioner entitled

to compensation for his Shoulder Injury Rela ted to Vaccine Administration [“SIRVA”].

On November 27, 2015, respondent filed a pro ffer on award of compensation [“Proffer”]

indicating petitioner should be awarded $45,000.00. Proffer at 1. In the Proffer,

respondent represented that petit ioner agrees with the proffe red award. Based on the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 Cour t of Federal Claims' website, in accordance with

the E-Government Act of 2002, Pub. L. No. 107-3 47, § 205, 116 Stat. 2899, 2913 (codified as amended

at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to

identify and move to redact medical or other inform ation, the disclosure of which would constitute an

unwarranted invasion of privacy. If, upon review, t he 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 record as a whole, the undersigned finds that petitioner is entitled to an award as stated

in the Proffer.

Pursuant to the terms stat ed in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $45,000. 00 in the form of a check payable to

petitioner, Char les K. Rice. This amount represents compensation for all damages

that would be availabl e 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 c an 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

____________________________________ )

CHARLES K. RICE

, )

)

Petitioner, ) No. 1 4

- 1192V

) Ch ief Special Master Dorsey

v. ) ECF

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

On June 15 , 2015, respondent filed a Rule 4(c) Report conceding that petitioner was

entitled to vaccine compensation for his Shoulder Injury Related to Vaccine Administration

(“SIRVA”) . R espondent proffers that, based on the evidence of record , petitioner should be

awarded $ 45

, 0 00 .00 . This amount represents all elements of compensation to which petitioner

would be entitled under 42 U.S.C. § 300aa

- 15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner

agrees.

II. Form of the Award

Respondent recommend s that the compensation provided to petitioner should be made

through a lump sum payment as describ ed below, and request s that the special master’s decision

and the Court’s judgment award the following: 1

A. A lump sum payment of $ 45,00 0 .00 in the form of a check payable to petitioner, Charles

K. Rice

. This amount accounts for all elements of compensation under 42 U.S.C.

1 Should petitioner die prior to entry of judgment, respondent reserve s the right to mov e the Court for appropriate

relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering , and

future lost wages

. Case 1:14-vv-01192-UNJ Document 33 Filed 11/27/15 Page 1 of 2§ 300aa

- 15(a) to which petitioner would be entitled.

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

R espectfully submitted,

BENJAMIN C. MIZER

Principal Deputy 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/ Michael P. Milmoe

MICHAEL P. MILMOE

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Phone: (202) 616

- 4125

Dated: November 27 , 2015 Fax: (202) 616

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