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Unpublished 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. Department of Justice, Washington, DC for 

respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On December 11, 2014, 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” 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 Processing 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 Related to Vaccine Administration [“SIRVA”]. 

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

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

respondent represented that petitioner agrees with the proffered 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002, Pub. L. No. 107-347, § 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 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). 
2

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 $45,000.00 in the form of a check payable to 

petitioner, Charles K. Rice. 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________

)

CHARLES K. RICE, )

)

Petitioner, ) No. 14-1192V

) Chief 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”). Respondent proffers that, based on the evidence of record, petitioner should be 

awarded $45,000.00. 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 recommends that the compensation 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. A lump sum payment of $45,000.00 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 reserves the right to move 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.

Respectfully 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) 616-4310

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