Judith Rutschman v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Judith Rutschman filed a petition for compensation under the National Vaccine Injury Compensation Program on August 24, 2015, alleging that her influenza and pneumococcal conjugate (PCV-13) vaccinations on October 24, 2014, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 20, 2015, conceding that Ms.
Rutschman was entitled to compensation. The respondent stated that the alleged injury was consistent with SIRVA and that Ms.
Rutschman had satisfied all legal prerequisites for compensation. On November 23, 2015, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms.
Rutschman entitled to compensation based on the respondent's concession. Subsequently, on February 17, 2016, the respondent filed a proffer on the award of compensation, proposing an award of $90,000.00, representing all elements of compensation available under the Act.
Ms. Rutschman agreed to this proffered award.
On May 6, 2016, Chief Special Master Dorsey issued a decision awarding Ms. Rutschman a lump sum payment of $90,000.00, payable by check to Judith Rutschman.
The decision noted that this amount represented compensation for all damages available under § 300aa-15(a). Petitioner was represented by William E.
Cochran, Jr., and respondent was represented by Julia Wernett McInerny. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Ms.
Rutschman, nor does it name any medical experts.
Theory of causation
Petitioner Judith Rutschman alleged that her October 24, 2014, influenza and pneumococcal conjugate (PCV-13) vaccinations caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, stating the alleged injury was consistent with SIRVA and that petitioner met all legal prerequisites. The case proceeded to an award of damages based on a proffer. The theory of causation relied on the "Table" for SIRVA, as the respondent conceded entitlement. No specific medical experts or detailed clinical information regarding the mechanism of injury, onset, symptoms, diagnostic tests, or treatments were detailed in the public decision. Chief Special Master Nora Beth Dorsey issued the ruling on entitlement and the final decision awarding damages. Petitioner was represented by William E. Cochran, Jr., and respondent by Julia Wernett McInerny. The award was $90,000.00 as a lump sum payment, representing all elements of compensation under 42 U.S.C. § 300aa-15(a).
Source PDFs
USCOURTS-cofc-1_15-vv-00925