VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00497
Package ID: USCOURTS-cofc-1_19-vv-00497
Petitioner: Ruth P. Grazier
Filed: 2019-04-03
Decided: 2020-07-01
Vaccine: influenza
Vaccination date: 2017-10-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Ruth P. Grazier filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on October 5, 2017. She stated that she received the vaccination in the United States, experienced residual effects for more than six months, and had not filed a civil action or received other compensation for her injury. The respondent, the Secretary of Health and Human Services, filed a report conceding that Ms. Grazier is entitled to compensation. The respondent concluded that Ms. Grazier suffered SIRVA as defined by the Vaccine Injury Table and satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Grazier entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $90,000.00 for Ms. Grazier's actual and projected pain and suffering, to which Ms. Grazier agreed. The court awarded Ms. Grazier a lump sum payment of $90,000.00 for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00497-0
Date issued/filed: 2020-07-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/01/2020) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00497-UNJ Document 43 Filed 07/01/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0497V
UNPUBLISHED
RUTH P. GRAZIER, Chief Special Master Corcoran
Petitioner, Filed: June 1, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Marc Lawrence Silverman, Law Office of Marc L. Silverman, Bellevue, WA, for
petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On April 3, 2019, Ruth P. Grazier 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”), a Table Injury, after receiving the influenza vaccine on
October 5, 2017. Petition at 1, ¶¶ 3, 6. Petitioner further alleges that she received the
vaccination in the United States, suffered the residual effects of her SIRVA for more
than six months, and that she has not filed a civil action or received an award or
settlement for her SIRVA, alleged as vaccine-caused. Id. at ¶¶ 3, 5, 7. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished ruling 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 E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). This means the ruling 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).

Case 1:19-vv-00497-UNJ Document 43 Filed 07/01/20 Page 2 of 2
On June 1, 2020, Respondent filed a combined Rule 4(c) Report and Proffer in
which he concedes that Petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report and Proffer at 1. Specifically, Respondent “has
concluded that petitioner suffered SIRVA as defined by the Vaccine Injury Table.” Id. at
3. Respondent further agrees that “based on the record as it now stands, petitioner has
satisfied all legal prerequisites for compensation under the Act.” Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-00497-1
Date issued/filed: 2020-07-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/01/2020) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00497-UNJ Document 44 Filed 07/02/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0497V
UNPUBLISHED
RUTH P. GRAZIER, Chief Special Master Corcoran
Petitioner, Filed: June 1, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Marc Lawrence Silverman, Law Office of Marc L. Silverman, Bellevue, WA, for
petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On April 3, 2019, Ruth P. Grazier 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”), a Table Injury, after receiving the influenza vaccine on
October 5, 2017. Petition at 1, ¶¶ 3, 6. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 1, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her SIRVA. On June 1, 2020, Respondent filed a combined Rule 4(c)
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 E-
Government 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).

Case 1:19-vv-00497-UNJ Document 44 Filed 07/02/20 Page 2 of 2
Report and Proffer (“Proffer”)3 on award of compensation indicating Petitioner should be
awarded $90,000.00, representing her actual and projected pain and suffering. Proffer
at 4. In the Proffer, Respondent represented that Petitioner agrees with the proffered
award. Id. 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 $90,000.00, representing her actual and projected pain and
suffering 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 The combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal medical
history which is not generally included in a Proffer, when separately filed. Thus, I will not attach the
Proffer to the Decision in this case.
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