VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00733
Package ID: USCOURTS-cofc-1_24-vv-00733
Petitioner: James Rice
Filed: 2024-05-09
Decided: 2025-08-19
Vaccine: Hepatitis A/B
Vaccination date: 2023-08-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 58232

AI-assisted case summary:
James 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 a Hepatitis A/B vaccine he received on August 10, 2023. He stated that the vaccine was administered in the United States and that he experienced residual effects of his condition for more than six months, with no prior award or settlement from a civil action. The respondent, the Secretary of Health and Human Services, denied that Mr. Rice sustained a SIRVA injury or that the vaccine caused his condition. Despite these opposing positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Mr. Rice a lump sum of $58,232.69. This amount represents compensation for all damages available under the Vaccine Act. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The stipulation also noted that the parties would submit to further proceedings to award reasonable attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00733-0
Date issued/filed: 2025-08-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/09/2025) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00733-UNJ Document 31 Filed 08/19/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-733V
JAMES RICE, Chief Special Master Corcoran
Petitioner, Filed: July 9, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY for Petitioner.
Christopher Pinto, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 9, 2024, James 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”). Petitioner alleges that he suffered a shoulder injury related to vaccine administration
(“SIRVA”) caused by a Hepatitis (“Hep”) A/B vaccine administered on August 10, 2023.
Petition at 1; Stipulation, filed at July 7, 2025, ¶¶ 1, 2. Petitioner further alleges that the
vaccine was administered within the United States, that he experienced the residual
effects of his condition for more than six months, and that there has been no award or
settlement of a civil action for damages on his behalf as a result of his injury. Petition at
1, 4; Stipulation at ¶¶ 1-5. Respondent denies that Petitioner sustained a SIRVA injury;
denies that the Hep A/B vaccine caused Petitioner’s alleged SIRVA, or any other injury;
and denies that his current condition is a sequela of a vaccine-related injury. Stipulation
at ¶ 6.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:24-vv-00733-UNJ Document 31 Filed 08/19/25 Page 2 of 7
Nevertheless, on July 7, 2025, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $58,232.69, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation
at ¶ 8. This amount represents compensation for all items of damages that would
be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of 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.
2

Case 1:24-vv-00733-UNJ Document 31 Filed 08/19/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JAMES RICE,
Petitioner, No. 24-0733V
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. On May 9, 2024, James Rice ("petitioner") filed a petition for vaccine compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to -34 (the
"Vaccine Program"). The petition seeks compensation for injuries allegedly related to
petitioner's receipt of a Hepatitis ("Hep") A/B vaccine, which is a vaccine contained in the
Vaccine Injury Table (the "Table.'), 42 C.F.R. § 100.3(a).
2. Petitioner received the Hep A/B vaccine on August 10, 2023.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered from a shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table following administration
of the vaccine. Petitioner alleges that he experienced the residual effects of this condition for
more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of his condition.
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Case 1:24-vv-00733-UNJ Document 31 Filed 08/19/25 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the Hep
A/B vaccine caused petitioner's alleged SIRVA, or any other injury; and denies that his current
condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues betvveen them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21 (a)( I), the Secretary of Health and Human Services will issue
the following payment:
A lump sum of $58,232.69 to be paid through an ACH deposit to petitioner's
counsel's IOLTA account for prompt disbursement to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-I 5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21 (a)(l ), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. §
1396 et seq.)), or by entities that provide health services on a pre-paid basis.
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Case 1:24-vv-00733-UNJ Document 31 Filed 08/19/25 Page 5 of 7
I I. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l 5(i), subject
to the availability of sufficient statutory funds.
12. The pa1ties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. §300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payment described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300 aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from the Hep A/B vaccination administered on August I 0,
2023, as alleged by petitioner in a petition for vaccine compensation filed on or about May 9,
2024, in the United States Court of Federal Claims as petition No. 24-0733V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Cou1t on behalf of either or both of the parties.
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Case 1:24-vv-00733-UNJ Document 31 Filed 08/19/25 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Cowt of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Hep A/B vaccine caused petitioner's alleged
SIRVA or any other injury or petitioner's current condition, or that petitioner suffered an injury
contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:24-vv-00733-UNJ Document 31 Filed 08/19/25 Page 7 of 7
Respectfully submitted,
PETITIONER:
JAMES RICE
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~~~P~
JI A GHEIB, ESQ. HEATHER L. PEARLMAN
ZGHEIB SAY AD, P.C Deputy Director
75 South Broadway, 4th Floor Torts Branch
White Plains, New York 10601 Civil Division
Tel: (914) 729-1110 U.S. Department of Justice
Email: jim@vaccinelawyers.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey S. Digitally signed by
Jeffrey S. Beach -5
Beach -S Date: 2025.06.25 15:58:35
-04•00· for
CAPT GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Trial A torney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel: (202) 353-5992
5600 Fishers Lane, 08W-25A Christopher. Pinto@usdoj.gov
Rockville, MD 20857
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