In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19-1193V

UNPUBLISHED

KRISTOPHER GRYMONPRE,

Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: March 29, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

Petitioner.

Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On August 14, 2019, Kristopher Grymonpre 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 an influenza (“flu”) vaccine administered on 

November 16, 2018. Petition at 1. The case was assigned to the Special Processing Unit 

of the Office of Special Masters.

On January 13, 2021, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for SIRVA. On March 26, 2021, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded $55,750.00 (comprised 

of $55,000.00 for pain and suffering and $750.00 for unreimbursed medical expenses).

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 EGovernment 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. Hereinafter, for ease 

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).

CORRECTED
2

Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the 

proffered award. Id. at 2. 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 $55,750.00 (comprised of $55,000.00 for pain and suffering and 

$750.00 for unreimbursed medical expenses) in the form of a check payable to 

Petitioner. This amount represents compensation for all damages that would 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/Brian H. Corcoran

Brian H. Corcoran

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

KRISTOPHER GRYMONPRE,

Petitioner,

Case No. 19-1193V (ECF)

v. CHIEF SPECIAL MASTER

CORCORAN

SECRETARY OF HEALTH

AND HUMAN SERVICES,

Respondent.

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Procedural History

On January 12, 2021, respondent filed a Vaccine Rule 4(c) report concluding that 

Kristopher Grymonpre (“petitioner”) suffered an injury that is compensable under the 

National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -

34 (“the Act”). Accordingly, on January 13, 2021, the Chief Special Master issued a 

Ruling on Entitlement, finding that petitioner was entitled to compensation under the Act.

II. Items of Compensation and Form of the Award

Based upon the evidence of record, respondent proffers that petitioner should be 

awarded $55,750.00. The award is comprised of the following: $55,000.00 for pain and 

suffering and $750.00 for unreimbursed medical expenses. This amount represents all 

elements of compensation to which petitioner would be entitled under 
2

42 U.S.C. § 300aa-15(a) regarding his November 16, 2018, influenza vaccination. 

Petitioner agrees.1

III. Form of the Award

The parties recommend that compensation provided to petitioner should be made 

through a lump sum payment of $55,750.00, in the form of a check payable to petitioner. 

Petitioner agrees.

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

case.

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Acting Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

 

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.
3

s/ Mark K. Hellie

MARK K. HELLIE

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Benjamin Franklin Station

Washington, D.C. 20044-0146

T: (202) 616-4208

E: mark.hellie@usdoj.gov

DATED: March 26, 2021