Martha T. Cunningham v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2023)

Martha T. Cunningham filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a tetanus diphtheria acellular pertussis (Tdap) vaccination received on January 30, 2019.

The petition was filed on January 28, 2021. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, finding that she met the criteria for SIRVA on the Vaccine Injury Table.

The respondent agreed that the vaccination occurred in the United States, the injury persisted for more than six months, and no unrelated factor was a more likely cause. A ruling on entitlement was issued on November 7, 2022, finding Petitioner entitled to compensation.

Subsequently, on March 8, 2023, Respondent filed a proffer on award of compensation, recommending an award of $136,764.34, which included $135,000.00 for pain and suffering and $1,764.34 for out-of-pocket expenses. Petitioner agreed with this proffered award.

The Chief Special Master issued a decision awarding Petitioner the lump sum of $136,764.34, representing compensation for all damages available under the Vaccine Act.