Cynthia Rublaitus v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)

Cynthia Rublaitus filed a petition for compensation under the National Vaccine Injury Compensation Program on March 6, 2019, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on October 2, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's alleged injury met the table requirements for SIRVA and that she satisfied all legal prerequisites for compensation.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 19, 2020, finding Petitioner entitled to compensation.

Subsequently, on February 20, 2020, the parties submitted a proffer on the award of compensation. The respondent proffered that Petitioner should be awarded a lump sum of $80,830.00, comprised of $77,500.00 for pain and suffering and $3,330.00 for past unreimbursed expenses.

The petitioner agreed with this proffered award. Chief Special Master Corcoran accepted the proffer and, in a decision dated March 26, 2020, awarded Petitioner the lump sum of $80,830.00, payable by check to Petitioner.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Michael G.

McLaren of Black McLaren Jones Ryland & Griffee, P.C., and the respondent was represented by Darryl R. Wishard of the U.S.

Department of Justice.