Nikki Rudd v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Nikki Rudd filed a petition on August 7, 2019, alleging that her influenza vaccine administered on October 5, 2016, caused a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a report on December 21, 2020, conceding that Ms.

Rudd was entitled to compensation. The respondent noted that Ms.

Rudd had no prior history of shoulder issues, that her pain and reduced range of motion occurred within 48 hours of the intramuscular vaccination, that her symptoms were limited to the shoulder where the vaccine was administered, and that no other condition explained her symptoms. The respondent also determined that Ms.

Rudd's injury lasted for at least six months, satisfying the statutory requirement. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on December 29, 2020, finding Ms. Rudd entitled to compensation.

Subsequently, on February 10, 2021, the respondent filed a proffer on award of compensation, proposing an award of $52,928.91, which Ms. Rudd agreed to.

Chief Special Master Corcoran issued a decision on March 12, 2021, awarding Ms. Rudd a lump sum payment of $52,928.91, representing compensation for all damages available under the National Childhood Vaccine Injury Act.

Petitioner was represented by Kathryn Lee Bruns of Faraci Lange, LLP, and respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice.