VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00346
Package ID: USCOURTS-cofc-1_19-vv-00346
Petitioner: Cynthia Rublaitus
Filed: 2020-02-19
Decided: 2020-03-26
Vaccine: influenza
Vaccination date: 2017-10-02
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80830

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Cynthia Rublaitus alleged a left shoulder injury related to vaccine administration (SIRVA) resulting from an October 2, 2017, influenza vaccine. The respondent conceded that the injury met the "Table" requirements for SIRVA and that Petitioner met all legal prerequisites for compensation. The public text does not detail the specific mechanism of injury, medical experts, or competing medical theories. Entitlement was granted based on the respondent's concession. A subsequent proffer, agreed to by both parties, resulted in an award of $80,830.00, consisting of $77,500.00 for pain and suffering and $3,330.00 for past unreimbursed expenses. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on February 19, 2020, and the damages decision on March 26, 2020. Petitioner's counsel was Michael G. McLaren, and respondent's counsel was Darryl R. Wishard.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-00346-0
Date issued/filed: 2020-03-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/19/2020) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00346-UNJ Document 30 Filed 03/25/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-346V
UNPUBLISHED
CYNTHIA RUBLAITUS, Chief Special Master Corcoran
Petitioner, Filed: February 19, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for
petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 6, 2019, Cynthia Rublaitus 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 she suffered a left shoulder injury related to
vaccine administration (“SIRVA”) caused by an October 2, 2017 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On February 18, 2020, Respondent filed his Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
required 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). This means the ruling 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-00346-UNJ Document 30 Filed 03/25/20 Page 2 of 2
4(c) Report at 1. Specifically, Respondent has concluded that Petitioner’s alleged injury
meets the table requirements for a SIRVA. Id. at 5. Respondent further agrees that
Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act.
Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-00346-1
Date issued/filed: 2020-03-26
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/20/2020) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00346-UNJ Document 31 Filed 03/26/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-346V
UNPUBLISHED
CYNTHIA RUBLAITUS, Chief Special Master Corcoran
Petitioner, Filed: February 20, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for
petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On March 6, 2019, Cynthia Rublaitus 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”) caused by an October 2, 2017 influenza (“flu”) vaccine.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On February 19, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On February 20, 2020, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$80,830.00 (comprised of $77,500.00 for pain and suffering and $3,330.00 for past
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required 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). 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-00346-UNJ Document 31 Filed 03/26/20 Page 2 of 4
unreimbursed expenses). Proffer at 1. In the Proffer, Respondent represented that
Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find
that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $80,830.00 (comprised of $77,500.00 for pain and suffering, and
$3,330.00 for past unreimbursed expenses) in the form of a check payable to
Petitioner. This amount represents compensation for all damages that would be
available under § 15(a).
The clerk of the 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 1:19-vv-00346-UNJ Document 31 Filed 03/26/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
CYNTHIA RUBLAITUS, )
)
Petitioner, ) No. 19-346V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On March 6, 2019, Cynthia Rublaitus (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. She alleges that, as a result of receiving the influenza (“flu”) vaccine on
October 2, 2017, she suffered from a left shoulder injury related to vaccine administration
(“SIRVA”). See Petition. On February 18, 2020, respondent filed his Vaccine Rule 4(c) report,
conceding a Table injury for SIRVA. On February 19, 2020, Chief Special Master Corcoran
issued a ruling on entitlement, finding that petitioner was entitled to compensation for SIRVA.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $80,830.00 ($77,500.00 for pain and suffering, and $3,330.00 for past
unreimbursed expenses). This amount represents all elements of compensation to which
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:19-vv-00346-UNJ Document 31 Filed 03/26/20 Page 4 of 4
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $80,830.00, in the form of a check payable to petitioner.2
Petitioner agrees.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: February 20, 2020 Fax: (202) 616-4310
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2