Rachel Rutkowski v. HHS - Influenza, left shoulder injury resulting from the adverse effects of an influenza vaccination (2022)
Case summary [AI summaries can sometimes make mistakes]
Rachel Rutkowski filed a petition for compensation under the National Vaccine Injury Compensation Program on March 25, 2020, alleging a left shoulder injury resulting from an influenza vaccination received on October 1, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement to compensation.
The respondent agreed that Ms. Rutkowski had no prior history of left shoulder pain, inflammation, or dysfunction; that her pain and reduced range of motion occurred within 48 hours of the vaccination; that her symptoms were limited to the injection shoulder; and that no other condition explained her symptoms.
Based on the respondent's concession and the evidence, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 31, 2021, finding Ms.
Rutkowski entitled to compensation. The case proceeded to a damages decision.
On December 7, 2021, the respondent filed a Proffer on Award of Compensation, which Ms. Rutkowski agreed to.
Chief Special Master Corcoran issued a Decision Awarding Damages on January 6, 2022. Ms.
Rutkowski was awarded a total of $53,564.01, comprising a lump sum payment of $53,000.00 for pain and suffering and $564.01 for past unreimbursable expenses. The award was made payable to Ms.
Rutkowski as a lump sum check. Petitioner's counsel was Paul R.
Brazil of Muller Brazil, LLP. Respondent's counsel included Ida Nassar and Steven Santayana of the U.S.
Department of Justice.
Theory of causation
Petitioner Rachel Rutkowski alleged a left shoulder injury resulting from an influenza vaccine administered on October 1, 2018. The case was processed as a Shoulder Injury Related to Vaccine Administration (SIRVA) Table injury. The respondent conceded entitlement, agreeing that the petitioner had no prior shoulder issues, experienced pain and reduced range of motion within 48 hours of vaccination, symptoms were limited to the injection shoulder, and no other condition explained the symptoms. The public decision does not describe the specific mechanism of injury or name any medical experts. Following the concession on entitlement, the parties stipulated to damages. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 31, 2021, and a Decision Awarding Damages on January 6, 2022. The award totaled $53,564.01, consisting of $53,000.00 for pain and suffering and $564.01 for past unreimbursable expenses, paid as a lump sum to the petitioner. Petitioner was represented by Paul R. Brazil, and respondent was represented by Ida Nassar and Steven Santayana.
Source PDFs
USCOURTS-cofc-1_20-vv-00340