Beth Ruge v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On January 5, 2021, Beth Ruge filed a petition seeking compensation for a left shoulder injury related to vaccine administration after an influenza vaccination at work on October 23, 2019. She was 38 years old.
Respondent disputed entitlement and moved to dismiss, arguing in part that a CVS record listed October 28, 2019 as the vaccination date and that Ms. Ruge had not shown a qualifying SIRVA lasting more than six months.
Chief Special Master Brian H. Corcoran found the record supported the October 23 vaccination date.
Ms. Ruge's first emergency-department visit, orthopedic intake forms, and the workplace flu-shot announcement all pointed to October 23, and the decision treated the conflicting CVS entry as less persuasive.
The medical story was a mild but persistent left-shoulder injury: pain began within hours of the shot, she pursued early treatment and physical therapy, then had a long gap in formal care during the COVID-19 period while continuing home exercises. She later returned to seek additional medical advice for the same shoulder.
On October 3, 2025, Chief Special Master Corcoran denied respondent's motion to dismiss and found Ms. Ruge entitled to compensation for a Table SIRVA.
The damages decision followed on October 21, 2025. Respondent filed a proffer, Ms.
Ruge agreed, and the court awarded $20,000.00 for pain and suffering, paid as a lump sum through counsel's IOLTA account. The public damages decision does not award future expenses, lost wages, or future pain and suffering.
Ms. Ruge was represented by Jeffrey S.
Pop.
Theory of causation
Influenza vaccine, October 23, 2019, age 38, causing left SIRVA. COMPENSATED. Respondent moved to dismiss after disputing the vaccine date, severity, and SIRVA criteria; Chief Special Master Corcoran found the October 23 date supported by the emergency-department record, orthopedic intake, and workplace flu-shot materials despite a conflicting CVS date. Onset was within hours, pain was primarily limited to the vaccinated shoulder, and the six-month severity requirement was met despite a COVID-era care gap because she continued home exercises and later returned to seek shoulder care. Entitlement October 3, 2025; damages October 21, 2025. Award $20,000 pain and suffering, paid as a lump sum via counsel IOLTA. Attorney Jeffrey S. Pop; respondent counsel Catherine Elizabeth Stolar.
Source PDFs
USCOURTS-cofc-1_21-vv-00098