VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01335
Package ID: USCOURTS-cofc-1_15-vv-01335
Petitioner: Randall Rice
Filed: 2015-11-06
Decided: 2018-03-27
Vaccine: influenza
Vaccination date: 2012-10-31
Condition: Polymyalgia Rheumatica
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
On November 6, 2015, Randall Rice filed a petition in the National Vaccine Injury Compensation Program. Mr. Rice alleged that an influenza vaccination he received on October 31, 2012, caused him to develop Polymyalgia Rheumatica (PMR). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the alleged injury. However, on February 27, 2018, the parties filed a joint stipulation recommending an award of compensation to the petitioner. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. As per the stipulation, Mr. Rice was awarded a lump sum of $75,000.00, payable to him, as compensation for all damages. Judgment was to be entered in accordance with the terms of the stipulation. Ronald C. Homer represented the petitioner, and Alexis B. Babcock represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Randall Rice alleged that an influenza vaccination on October 31, 2012, caused Polymyalgia Rheumatica (PMR). Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey on February 27, 2018. Petitioner received a lump sum award of $75,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the PMR.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-01335-0
Date issued/filed: 2018-03-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/27/2018) regarding 56 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:15-vv-01335-UNJ Document 60 Filed 03/27/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 27, 2018
* * * * * * * * * * * * * * * * UNPUBLISHED
RANDALL RICE, *
*
Petitioner, * No. 15-1335V
*
v. * Chief Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Influenza (“flu”) Vaccination;
* Polymyalgia Rheumatica (“PMR”).
Respondent. *
*
* * * * * * * * * * * * * * * *
Ronald C. Homer, Conway Homer, P.C., Boston, MA, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION1
On November 6, 2015, Randall Rice (“petitioner”) filed a petition in the National Vaccine
Injury Compensation Program.2 Petitioner alleges that as a result of the influenza (“flu”)
vaccination he received on October 31, 2012, he developed Polymyalgia Rheumatica (“PMR”).
Petition at Preamble.
On February 27, 2018, the parties filed a stipulation recommending an award of
compensation to petitioner. Stipulation (ECF No. 65). Respondent denies that the flu vaccine
1 This decision will be posted on the website of the United States Court of Federal Claims’
website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This
means the Decision will be available to anyone with access to the internet. As provided by
42 U.S.C. § 300aa-12(d)(4)B), however, the parties may objection to the published Decision’s
inclusion of certain kinds of confidential information. Specifically, Under Vaccine Rule 18(b),
each party has 14 days within which to request redaction “of any information furnished by that
party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would
constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the
whole decision will be available to the public in its current form. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this decision
to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:15-vv-01335-UNJ Document 60 Filed 03/27/18 Page 2 of 7
caused any injury to petitioner. Nevertheless, the parties agree to the joint stipulation, attached
hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $75,000.00, in the form of a check payable to petitioner, Mr. Randall
Rice.
These amounts represent compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Joint Stipulation at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
Any questions regarding this Order may be directed to the undersigned’s law clerk,
Hannah-Alise Rogers, at (202) 357-6379, or hannah-alise_rogers@cfc.uscourts.gov.
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

Case 1:15-vv-01335-UNJ Document 60 Filed 03/27/18 Page 3 of 7

Case 1:15-vv-01335-UNJ Document 60 Filed 03/27/18 Page 4 of 7

Case 1:15-vv-01335-UNJ Document 60 Filed 03/27/18 Page 5 of 7

Case 1:15-vv-01335-UNJ Document 60 Filed 03/27/18 Page 6 of 7

Case 1:15-vv-01335-UNJ Document 60 Filed 03/27/18 Page 7 of 7