VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00925
Package ID: USCOURTS-cofc-1_15-vv-00925
Petitioner: Judith Rutschman
Filed: 2015-11-23
Decided: 2016-05-06
Vaccine: influenza
Vaccination date: 2014-10-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
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 field:
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).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00925-0
Date issued/filed: 2016-03-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/23/2015) regarding 17 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00925-UNJ Document 27 Filed 03/23/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-925V
Filed: November 23, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JUDITH RUTSCHMAN, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine;
* Pneumococcal Conjugate (“PCV-13”)
SECRETARY OF HEALTH * Vaccine; Shoulder Injury Related to
AND HUMAN SERVICES, * Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, Memphis, TN , for
petitioner.
Julia Wernett McInerny, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 24, 2015, 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” or “Program”). Petitioner alleges that her October 24, 2014 influenza
(“flu”) and pneumococcal conjugate (“PCV-13”) vaccinations caused her to suffer a
shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On November 20, 2015, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, respondent indicated that petitioner’s “alleged injury is
consistent with SIRVA.” Id. at 5. Respondent further indicates that “based on the
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2006)). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 1:15-vv-00925-UNJ Document 27 Filed 03/23/16 Page 2 of 2
record as it now stands, petitioner has satisfied all legal prerequisites for compensation
under the Act.” Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00925-1
Date issued/filed: 2016-05-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/18/2016) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00925-UNJ Document 29 Filed 05/06/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-925V
Filed: February 18, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JUDITH RUTSCHMAN, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine;
* Pneumococcal Conjugate (“PCV-13”)
SECRETARY OF HEALTH * Vaccine; Shoulder Injury Related to
AND HUMAN SERVICES, * Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, Memphis, TN , for
petitioner.
Julia Wernett McInerny, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 24, 2015, 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” or “Program”]. Petitioner alleges that her October 24, 2014 influenza
(“flu”) and pneumococcal conjugate (“PCV-13”) vaccinations caused her to suffer a
shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On November 23, 2015, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On February 17, 2016, respondent filed a proffer
on award of compensation [“Proffer”] indicating petitioner should be awarded
$90,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 1:15-vv-00925-UNJ Document 29 Filed 05/06/16 Page 2 of 4
with the proffered award. Based on the record as a whole, the undersigned finds that
petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $90,000.00 in the form of a check payable to
petitioner, Judith Rutschman. This amount represents compensation for all damages
that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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 1:15-vv-00925-UNJ Document 29 Filed 05/06/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JUDITH RUTCHMAN, ) No. 15-925V
) ECF
Petitioner, ) Chief Special Master Dorsey
)
v. )
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$90,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $90,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
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 medical
expenses, future lost earnings, and future pain and suffering.

Case 1:15-vv-00925-UNJ Document 29 Filed 05/06/16 Page 4 of 4
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Julia W. McInerny
JULIA W. MCINERNY
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
DATED: February 17, 2016 (202) 353-3919
2