Judith Rutschman v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)
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 February 18, 2015, 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.