Rachel Rutkowski v. HHS - Influenza, left shoulder injury resulting from the adverse effects of an influenza vaccination (2021)

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 December 7, 2021. 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.