VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01192
Package ID: USCOURTS-cofc-1_14-vv-01192
Petitioner: Charles K. Rice
Filed: 2014-12-11
Decided: 2016-04-06
Vaccine: influenza
Vaccination date: 2012-11-08
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 48269

AI-assisted case summary:
Charles K. Rice filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on November 8, 2012. The respondent, the Secretary of Health and Human Services, conceded that Mr. Rice's injury was consistent with SIRVA and that it was caused by the vaccine. The respondent also agreed that no other cause for the injury existed and that Mr. Rice met the statutory requirements for entitlement to compensation. Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Mr. Rice entitled to compensation. Subsequently, the parties filed a proffer on award of compensation, agreeing to a lump sum payment of $45,000.00 for all damages. The court awarded this amount. Additionally, the parties stipulated to an award of $3,269.11 for attorneys' fees and costs, which was also granted by the court. The total compensation awarded to Mr. Rice was $48,269.11.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01192-0
Date issued/filed: 2015-07-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/16/2015) regarding 23 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01192-UNJ Document 25 Filed 07/17/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1192V
Filed: June 16, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHARLES K. RICE, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza or Flu Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Patrick Austin, Esq., Virginia Beach, VA, for petitioner.
Michael Milmoe, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On December 11, 2014, Charles K. Rice 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, ¶¶ 12.
Petitioner also alleges that his injuries lasted more than six months and that he
continues to suffer the residual effects of his injury. Id., ¶ 11. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On June 15, 2015, respondent filed her Rule 4(c) report in which she concedes
“that this case is appropriate for compensation” Respondent’s Rule 4(c) Report at 1.
Specifically, respondent “has concluded that petitioner’s alleged injury is consistent with
SIRVA, and that it was caused in fact by the flu vaccine he received on November 8,
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend 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, 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 (2006).

Case 1:14-vv-01192-UNJ Document 25 Filed 07/17/15 Page 2 of 2
2012.” Id. at 3. Furthermore, respondent agrees that no other cause for petitioner’s
SIRVA exists, and “petitioner met the statutory requirements for entitlement to
compensation.” Id. at 3-4.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01192-1
Date issued/filed: 2016-03-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/30/2015) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01192-UNJ Document 43 Filed 03/23/16 Page 1 of 4
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).

Case 1:14-vv-01192-UNJ Document 43 Filed 03/23/16 Page 2 of 4
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.
2

CCaassee 11::1144--vvvv--0011119922--UUNNJJ DDooccuummeenntt 3433 FFiilleedd 1013//2273//1156 PPaaggee 13 ooff 24
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.

CCaassee 11::1144--vvvv--0011119922--UUNNJJ DDooccuummeenntt 3433 FFiilleedd 1013//2273//1156 PPaaggee 24 ooff 24
§ 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

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_14-vv-01192-2
Date issued/filed: 2016-04-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/01/2015) regarding 38 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01192-UNJ Document 44 Filed 04/06/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1192V
Filed: December 1, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHARLES K. RICE, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Patrick Joseph Austin, Shapiro, Lewis, et al., Virginia Beach, VA, for petitioner.
Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
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”]. Petitioner alleged that he suffered a shoulder injury caused by the
influenza (flu) vaccine he received on November 8, 2012. Petition, ¶¶ 11-12. On
November 30, 2015, the undersigned issued a decision awarding compensation to
petitioner based on respondent’s proffer on award of compensation.
On November 30, 2015, the parties filed a Stipulation of Facts Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $3,269.11. In accordance with General Order #9, petitioner’s counsel
represents that petitioner incurred no out-of-pocket expenses.
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).

Case 1:14-vv-01192-UNJ Document 44 Filed 04/06/16 Page 2 of 2
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $3,269.113 as a lump sum
in the form of a check jointly payable to petitioner and petitioner’s counsel
Patrick J. Austin.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
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