# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1146 V UNPUBLISHED

NIKKI RUDD

,
Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 10, 2021

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Kathr yn Lee Bruns

, F

araci Lange, LLP

, Rochester

, NY , for petitioner.

Kimberly Shubert Davey , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On August 7, 20 19

, 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 sh oulder injury related to vaccine administratio n (SIRVA) after receipt of the influenza (flu) vaccine on October 5, 2016

. Petition at 1

. Petitioner further alleges that the vaccine wa s administered in the United States, onset of symptoms began within 48 hours of vaccination, her sym ptoms 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 P etitioner entitled to compensation for SIRVA . On February 10, 2021

, R espondent filed a p roffer 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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).2

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 52 ,928.91

. Proffer at 2

. In the Proffer, R espondent represented that P etitioner agrees with the proffered award. Id. Based on the record as a whole, I find that P etitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump sum payment of $ 52,918.91 in the form of a check payable to P etitioner

. This amount represents compensation for all damages that w ould 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 fil ing of notice renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

____________________________________ ) NIKKI RUDD , ) ) ) Petitioner, ) ) No. 19-1146V

v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On August 7, 2019, Nikki Rudd (petitioner ) filed a petition for compensation under the

National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”),

42 U.S.C. §§ 300aa-1 to -34. Petitioner alleged that she suffered a Shoulder Injury Related to

Vaccine Administratio n (“SIRVA”) as a result of an influenza (“flu”) vaccine administered to

her on October 5, 2016 . Petition at 1

. On December 21, 2020 , the Secretary of Health and

Human Services (“respondent”) filed a Rule 4(c) Report recommending that compensation be

awarded , and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled

to compensation on December 29, 2020. ECF No. 24; ECF No. 25.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $52,500.00 in actual pain and

suffering. See 42 U.S.C. § 300aa- 15(a)(4). Petitioner agrees.2 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 following: a lump sum payment of $52,928.91, representing

compensation for actual pain and suffering ($52,500.00), and past unreimbursable expenses

($428.91), in the form of a check payable to petitioner, Nikki Rudd.

III. Summary of Recommended Payment s Following Judgment

Lump sum payable to petitioner, Nikki Rudd : $ 52,928.91

R espectfully submitted,

B RIAN M. BOYNTON Acting Assistant Attorney General

C . SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

HE ATHER L. PEARLMAN Acting Deputy Director Torts Branch, Civil Division

A LEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division B

. Past

U nreimbursable Expenses

Evidence s upplied by pe titioner doc uments he r e xpenditure f or p ast unr eimbursable

expenses r elated t o he r v accine -related injury. Respondent pr offers t hat pe titioner s hould be

awarded past unr eimbursable e xpenses i n the a mount of $428.91, as pr ovided under t he Vaccine

Act, 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees.3 /s/ Kimberly S. Davey K IMBERLY S. DAVEY 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) 307-1815 Kimberly.Davey@usdoj.gov DATED: February 10, 2021