VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01661
Package ID: USCOURTS-cofc-1_20-vv-01661
Petitioner: Tammy Sweeney
Filed: 2020-11-23
Decided: 2022-06-14
Vaccine: influenza
Vaccination date: 2019-10-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 81918

AI-assisted case summary:
Tammy Sweeney filed a petition for compensation under the National Vaccine Injury Compensation Program on November 23, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 24, 2019. The case was assigned to the Special Processing Unit. On February 25, 2022, a ruling on entitlement was issued, finding that Petitioner was entitled to compensation because her claim met the Table criteria for SIRVA. Respondent conceded that the claim was timely filed, the vaccine was received in the United States, and the statutory severity requirement was met. On April 25, 2022, Respondent filed a proffer on award of compensation, recommending $81,918.89. This amount included $75,000.00 for pain and suffering, $208.38 for past unreimbursable expenses, and $6,710.51 for past lost wages. Petitioner agreed with the proffered award. On June 14, 2022, the Chief Special Master issued a decision awarding Tammy Sweeney a lump sum payment of $81,918.89.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01661-0
Date issued/filed: 2022-03-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/25/2022) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01661-UNJ Document 29 Filed 03/30/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1661V
UNPUBLISHED
TAMMY SWEENEY, Chief Special Master Corcoran
Petitioner, Filed: February 25, 2022
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)
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 23, 2020, Tammy Sweeney 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 an influenza (“flu”) vaccine that was administered
to her on October 24, 2019. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 25, 2022, 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’s claim meets the Table criteria for
SIRVA.” Id. at 5. Respondent further agrees that “the case was timely filed, that the
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-01661-UNJ Document 29 Filed 03/30/22 Page 2 of 2
vaccine was received in the United States, and that petitioner satisfies the statutory
severity requirement”. Id. Respondent also notes that “no civil action or proceedings have
been pursued in connection with the vaccine-related injury.” Id.
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-01661-1
Date issued/filed: 2022-06-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/27/2022) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01661-UNJ Document 38 Filed 06/14/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1661V
UNPUBLISHED
TAMMY SWEENEY, Chief Special Master Corcoran
Petitioner, Filed: April 27, 2022
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)
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 23, 2020, Tammy Sweeney 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 an influenza (“flu”) vaccine that was administered
to her on October 24, 2019. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 25, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On April 25, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $81,918.89
(comprised of $75,000.00 in pain and suffering, $208.38 in past unreimbursable
expenses, and $6,710.51 in past lost wages). Proffer at 2. In the Proffer, Respondent
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-01661-UNJ Document 38 Filed 06/14/22 Page 2 of 5
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 $81,918.89 (comprised of $75,000.00 in pain and suffering, $208.38
in past unreimbursable expenses, and $6,710.51 in past lost wages) in the form of
a check payable to Petitioner. This amount represents compensation for all damages
that would be available under Section 15(a).
The Clerk of 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-01661-UNJ Document 38 Filed 06/14/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
TAMMY SWEENEY, )
)
Petitioner, )
) No. 20-1661V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On November 23, 2020, Tammy Sweeney (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act. See 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”). Petitioner alleges that she suffered from a right shoulder injury as a
result of receiving the influenza (“flu”) vaccine on October 24, 2019. Petition at 1. On February
25, 2022, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered from
SIRVA as defined by the Vaccine Injury Table, within the Table timeframe. See ECF No. 25.
That same day, Chief Special Master Corcoran issued a ruling on entitlement, finding that
petitioner was entitled to compensation for a SIRVA Table injury. See ECF No. 26.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:20-vv-01661-UNJ Document 38 Filed 06/14/22 Page 4 of 5
II. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $75,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
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 of $208.38. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost
wages in the amount of $6,710.51. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. 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 following2: a lump sum payment of $81,918.89, in the form of a
check payable to petitioner.
2 Should petitioner die prior to entry of judgment, the parties reserve the right to move the
2

Case 1:20-vv-01661-UNJ Document 38 Filed 06/14/22 Page 5 of 5
IV. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Tammy Sweeney: $81,918.89
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
Christine.m.becer@usdoj.gov
Date: April 25, 2022
Court for appropriate relief. In particular, respondent would oppose any award for future pain
and suffering.
3