In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1146V

UNPUBLISHED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)

Kathryn Lee Bruns, Faraci Lange, LLP, Rochester, NY, for petitioner.

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

DECISION AWARDING DAMAGES1

On August 7, 2019, 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 shoulder injury related to vaccine 

administration (SIRVA) after receipt of the influenza (flu) vaccine on October 5, 2016. 

Petition at 1. Petitioner further alleges that the vaccine was administered in the United 

States, onset of symptoms began within 48 hours of vaccination, her symptoms 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 Petitioner 

entitled to compensation for SIRVA. On February 10, 2021, Respondent filed a proffer 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 EGovernment 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

award of compensation (“Proffer”) indicating Petitioner should be awarded $52,928.91.

Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the 

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 $52,918.91 in the form of a check payable to Petitioner. This amount

represents compensation for all damages that would 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 filing 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 Administration (“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.
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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 Payments Following Judgment

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

Respectfully submitted, 

BRIAN M. BOYNTON

Acting Assistant Attorney General 

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Acting Deputy Director 

Torts Branch, Civil Division 

ALEXIS B. BABCOCK

Assistant Director 

Torts Branch, Civil Division 

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents her expenditure for past unreimbursable 

expenses related to her vaccine-related injury. Respondent proffers that petitioner should be 

awarded past unreimbursable expenses in the amount of $428.91, as provided under the Vaccine 

Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
3 

/s/ Kimberly S. Davey 

KIMBERLY 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