VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01146
Package ID: USCOURTS-cofc-1_19-vv-01146
Petitioner: Nikki Rudd
Filed: 2019-08-07
Decided: 2021-03-12
Vaccine: influenza
Vaccination date: 2016-10-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52928

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Nikki Rudd alleged that an influenza vaccine administered on October 5, 2016, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing that the alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table. The respondent's concession was based on the findings that petitioner had no prior history of shoulder pain, inflammation, or dysfunction; that pain and reduced range of motion occurred within 48 hours of the intramuscular vaccination; that symptoms were limited to the vaccinated shoulder; and that no other condition explained the symptoms. Furthermore, the injury lasted for at least six months, satisfying the statutory requirement. The case proceeded to a damages decision based on a proffer agreed to by both parties. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 29, 2020, and a decision awarding damages on March 12, 2021. Petitioner was awarded a lump sum of $52,928.91. Petitioner was represented by Kathryn Lee Bruns (Faraci Lange, LLP), and respondent was represented by Kimberly Shubert Davey (U.S. Department of Justice).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-01146-0
Date issued/filed: 2021-02-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/29/2020) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01146-UNJ Document 31 Filed 02/23/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1146V
UNPUBLISHED
NIKKI RUDD, Chief Special Master Corcoran
Petitioner, Filed: December 29, 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)
Kathryn Lee Bruns, Faraci Lange, LLP, Rochester, NY, for petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 7, 2019, Nikki Rudd 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 her receipt of the influenza (flu) vaccine on October 5, 2016
caused her to develop 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 December 21, 2020, Respondent filed his Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c)
Report (Report) at 1; ECF No. 24. Specifically, Respondent that Petitioner’s “alleged
injury is consistent with SIRVA, as defined on the Vaccine Injury Table.” Report at 3.
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-01146-UNJ Document 31 Filed 02/23/21 Page 2 of 2
Respondent determined that “[P]etitioner had no history of pain, inflammation or
dysfunction in her left shoulder; her pain and reduced range of motion occurred within 48
hours of receipt of an intramuscular vaccination; her symptoms were limited to the
shoulder in which the vaccine was administered; and no other condition or abnormality
was identified to explain her symptoms . . . . In addition, given the medical records outlined
above, petitioner has satisfied the statutory requirement that petitioner’s injury lasted for
at least six months as required by 42 U.S.C. § 300aa-11(c)(1)(D)(i).” Id. Respondent
concluded that Petitioner has satisfied all legal prerequisites for compensation under the
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-01146-1
Date issued/filed: 2021-03-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/10/2021) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. (Main Document 32 replaced on 3/15/2021 to correct award amount) (sw).
--------------------------------------------------------------------------------
Case 1:19-vv-01146-UNJ Document 32 Filed 03/12/21 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1146V
UNPUBLISHED
NIKKI RUDD, Chief Special Master Corcoran
Petitioner, Filed: February 10, 2021
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)
Kathryn Lee Bruns, Faraci Lange, LLP, Rochester, NY, for petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 7, 2019, Nikki Rudd 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) after receipt of the influenza (flu) vaccine on October 5, 2016.
Petition at 1. Petitioner further alleges that the vaccine was administered in the United
States, onset of symptoms began within 48 hours of vaccination, her symptoms persisted
for more than six months, and she has never received compensation in the form of an
award or settlement for her vaccine-related injuries. Petition at 1, 5-6. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On December 29, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On February 10, 2021, Respondent filed a proffer on
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-01146-UNJ Document 32 Filed 03/12/21 Page 2 of 2
award of compensation (“Proffer”) indicating Petitioner should be awarded $52,928.91.
Proffer at 2. 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 $52,928.91 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