VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00340
Package ID: USCOURTS-cofc-1_20-vv-00340
Petitioner: Rachel Rutkowski
Filed: 2020-03-25
Decided: 2022-01-06
Vaccine: influenza
Vaccination date: 2018-10-01
Condition: left shoulder injury resulting from the adverse effects of an influenza vaccination
Outcome: compensated
Award amount USD: 53564

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00340-0
Date issued/filed: 2021-10-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/31/2021) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00340-UNJ Document 25 Filed 10/08/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0340V
UNPUBLISHED
RACHEL RUTKOWSKI, Chief Special Master Corcoran
Petitioner, Filed: August 31, 2021
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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 25, 2020, Rachel Rutkowski 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 resulting from
the adverse effects of an influenza vaccination” she received on October 1, 2018. Petition
at ¶ 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On August 31, 2021, 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 at
1. Specifically, Respondent agrees that Petitioner had no relevant history of pain,
inflammation, or dysfunction in her left shoulder; Petitioner’s pain and reduced range of
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00340-UNJ Document 25 Filed 10/08/21 Page 2 of 2
motion occurred within 48 hours of receipt of an intramuscular vaccination; Petitioner’s
symptoms were limited to the shoulder in which the vaccine was administered; and no
other condition or abnormality was identified to explain Petitioner’s symptoms. Id. at 5-6.
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

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00340-1
Date issued/filed: 2022-01-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/07/2021) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00340-UNJ Document 33 Filed 01/06/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0340V
UNPUBLISHED
RACHEL RUTKOWSKI, Chief Special Master Corcoran
Petitioner, Filed: December 7, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 25, 2020, Rachel Rutkowski 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 resulting from
the adverse effects of an influenza vaccination” she received on October 1, 2018. Petition
at ¶ 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On August 31, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a left SIRVA. On December 7, 2021, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $53,564.01.
Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00340-UNJ Document 33 Filed 01/06/22 Page 2 of 5
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 $53,564.01 in the form of a check payable to Petitioner. The award
is comprised of the following: (1) $53,000.00 in pain and suffering and (2) $564.01 in past
unreimbursable expenses. Id. at 1-2.
These amounts represent compensation for all damages that would be available
under Section 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 1:20-vv-00340-UNJ Document 33 Filed 01/06/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
RACHEL RUTKOWSKI, )
)
Petitioner, )
) No. 20-340V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 25, 2020, Rachel Rutkowski (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine she received on October 1, 2018. Petition at 1. On August 31, 2021, the
Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that
this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury,
and on August 31, 2021, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 21; ECF No. 22.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $53,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00340-UNJ Document 33 Filed 01/06/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $564.01. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $53,564.01, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Rachel Rutkowski: $53,564.01
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:20-vv-00340-UNJ Document 33 Filed 01/06/22 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ STEVEN C. SANTAYANA
STEVEN C. SANTAYANA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 451-7675
steven.c.santayana@usdoj.gov
Dated: December 7, 2021
3