VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01703
Package ID: USCOURTS-cofc-1_20-vv-01703
Petitioner: Regis Grice
Filed: 2022-01-14
Decided: 2022-03-09
Vaccine: influenza
Vaccination date: 2019-10-16
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
Regis Grice filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of his October 16, 2019 influenza vaccination. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records. The respondent conceded that Mr. Grice is entitled to compensation, stating that he satisfied the criteria for SIRVA as a Table injury. The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and Mr. Grice met the statutory severity requirement by documenting residual effects for more than six months after vaccination. Based on the respondent's concession and the evidence, the Special Master ruled that Mr. Grice was entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation. The respondent recommended an award of $35,000.00 for pain and suffering, which Mr. Grice agreed to. The Special Master awarded Mr. Grice a lump sum payment of $35,000.00, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01703-0
Date issued/filed: 2022-02-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 1/14/2022) regarding 39 Ruling on Entitlement. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made.
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Case 1:20-vv-01703-UNJ Document 47 Filed 02/18/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1703V
Filed: January 14, 2022
UNPUBLISHED
REGIS GRICE, Special Master Daniel Horner
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (flu); Shoulder
Injury Related to Vaccine
SECRETARY OF HEALTH AND Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Ryan Truesdale, Groth Law Firm, S.C., Wauwatosa, WI, for petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On November 23, 2020, Regis Grice (“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 alleges that he suffered a left
shoulder injury related to vaccine administration (“SIRVA”) as a result of his October 16,
2019 influenza (“flu”) vaccination. Petition at 1.
On January 14, 2022, Respondent filed his Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, Respondent states that:
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 1:20-vv-01703-UNJ Document 47 Filed 02/18/22 Page 2 of 2
Medical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”), have reviewed the
petition and medical records filed in the case. It is respondent’s position that
petitioner has satisfied the criteria set forth in the Vaccine Injury Table
(“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for SIRVA.
42 C.F.R. §§ 100.3(a)(XIV)(B), 100.3(c)(10).
With respect to other statutory and jurisdictional issues, the records show
that petitioner timely filed his case, that he received the flu vaccine in the
United States, and that he satisfies the statutory severity requirement by
documenting residual effects or complications of his injury for more than six
months after vaccine administration. See 42 U.S.C. §§ 300aa-11(c)(1)(D)(i).
Id. at 4.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01703-1
Date issued/filed: 2022-03-09
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 2/10/2022) regarding 43 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made.
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Case 1:20-vv-01703-UNJ Document 48 Filed 03/09/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1703V
Filed: February 10, 2022
UNPUBLISHED
REGIS GRICE, Special Master Horner
Petitioner,
v. Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Ryan Truesdale, Groth Law Firm, S.C., Wauwatosa, WI, for petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On November 23, 2020, Regis Grice 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”). (ECF No. 1.)
On January 14, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his SIRVA. On February 10, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $35,000.00.
(ECF No. 42.) 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.
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.

Case 1:20-vv-01703-UNJ Document 48 Filed 03/09/22 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $35,000.00 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/Daniel T. Horner
Daniel T. Horner
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

Case 1:20-vv-01703-UNJ Document 48 Filed 03/09/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
REGIS GRICE, )
)
Petitioner, )
) No. 20-1703V
v. ) Special Master Horner
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 30, 2020, Regis Grice (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that he suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine he received on October 16, 2019. Amended Petition at 1. On January 14,
2022, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report
indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA
Table injury, and the same day, the Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 38; ECF No. 39.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $35,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This amount represent all elements of
compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:20-vv-01703-UNJ Document 48 Filed 03/09/22 Page 4 of 4
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 following1: a lump sum payment of $35,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Regis Grice: $35,000.00
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Matthew L. Murphy
MATTHEW L. MURPHY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 616-4840
Email: matthew.murphy@usdoj.gov
DATED: February 10, 2022
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 lost earnings
and future pain and suffering.
2