VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00229
Package ID: USCOURTS-cofc-1_19-vv-00229
Petitioner: Tammy Morton Webb
Filed: 2019-02-11
Decided: 2020-06-29
Vaccine: influenza
Vaccination date: 2017-10-02
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 60492

AI-assisted case summary:
Tammy Morton Webb filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 2, 2017 influenza vaccination. The respondent conceded that Ms. Webb is entitled to compensation, as her medical course was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, she had no pre-vaccination history of shoulder issues, pain occurred within 48 hours post-vaccination, and the pain and reduced range of motion were limited to the vaccinated shoulder, with no other identified condition explaining the symptoms. Her condition also resulted in residual effects lasting more than six months. Based on the respondent's concession and the evidence, entitlement was granted. Subsequently, the parties reached a stipulation for damages. The court awarded Ms. Webb a total of $60,492.01, comprising $60,000.00 for pain and suffering and $492.01 for past unreimbursed expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00229-0
Date issued/filed: 2020-06-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/11/2020) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00229-UNJ Document 32 Filed 06/11/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-229V
UNPUBLISHED
TAMMY MORTON WEBB, Chief Special Master Corcoran
Petitioner, Filed: May 11, 2020
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)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On February 11, 2019, Tammy Morton Webb 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”) as a result of her October 2, 2017 influneza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-00229-UNJ Document 32 Filed 06/11/20 Page 2 of 2
On May 8, 2020, 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 indicates that
DICP [Division of Injury Compensation Programs, Department of Health
and Human Services] has concluded that petitioner’s medical course is
consistent with SIRVA as defined by the Vaccine Injury Table and
corresponding Qualifications and Aids to Interpretation. Specifically,
petitioner had no pre-vaccination history of pain, inflammation, or
dysfunction of her right shoulder; pain occurred within 48 hours after
receipt of an intramuscular vaccination; pain and reduced range of motion
were limited to the shoulder in which the vaccine was administered; and,
no other condition or abnormality, such as brachial neuritis, has been
identified to explain petitioner’s shoulder pain. 42 C.F.R. §§ 100.3(a) &
(c)(10). Additionally, based on the medical records outlined above,
petitioner suffered the residual effects of her condition for more than six
months. Therefore, based on the record as it now stands, petitioner has
satisfied all legal prerequisites for compensation under the Act. See 42
U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i).
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_19-vv-00229-1
Date issued/filed: 2020-06-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/21/2020) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00229-UNJ Document 33 Filed 06/29/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-229V
UNPUBLISHED
TAMMY MORTON WEBB, Chief Special Master Corcoran
Petitioner, Filed: May 21, 2020
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)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On February 11, 2019, Tammy Morton Webb filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq., (the “Vaccine Act”). Petitioner alleges that she suffered a Shoulder Injury Related
to Vaccine Administration (SIRVA) as a result of her October 2, 2017 influneza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On May 11, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On May 19, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded damages in the
amount $60,492.01, representing compensation in the amount of $60,000.00 for pain
and suffering and $492.01 for past unreimbursed expenses. Proffer at 1-2. In the
Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
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.

Case 1:19-vv-00229-UNJ Document 33 Filed 06/29/20 Page 2 of 4
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 $60, 492.01 in the form of a check payable to Petitioner. This
amount is comprised of pain and suffering ($60,000.00) and past unreimbursed
expenses ($492.01), and 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.2
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2 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 1:19-vv-00229-UNJ Document 33 Filed 06/29/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
TAMMY MORTON WEBB,
Petitioner,
No. 19-229V
v. Chief Special Master Corcoran (SPU)
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On May 8, 2020, respondent filed a Rule 4(c) Report conceding that petitioner is entitled
to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”)
injury suffered following receipt of an influenza vaccination on October 2, 2017. A Ruling on
Entitlement was issued on May 11, 2020.
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$60,492.01. This award is comprised of pain and suffering ($60,000.00) and past unreimbursed
expenses ($492.01), and represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
1 Should Petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief.
1

Case 1:19-vv-00229-UNJ Document 33 Filed 06/29/20 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $60,492.01 in the form of a check payable to petitioner.2
Petitioner agrees.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: May 19, 2020
2 Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.
2