VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00809
Package ID: USCOURTS-cofc-1_21-vv-00809
Petitioner: Martha T. Cunningham
Filed: 2021-01-28
Decided: 2023-04-11
Vaccine: Tdap
Vaccination date: 2019-01-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 136764

AI-assisted case summary:
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.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00809-0
Date issued/filed: 2022-12-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/07/2022) regarding 36 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00809-UNJ Document 41 Filed 12/08/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-809V
UNPUBLISHED
MARTHA T. CUNNINGHAM, Chief Special Master Corcoran
Petitioner, Filed: November 7, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA)
John C. Smith, Smith and Smith PLLC, Tucson, AZ, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 28, 2021, Martha T. Cunningham 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), resulting from a tetanus diphtheria acellular pertussis
(Tdap) vaccination she received on January 30, 2019. Petition at 1. Petitioner further
alleges that the vaccination was administered within the United States, her injury has
persisted for more than six months, and neither she, nor any other party, has ever filed
any action, or ever received compensation in the form of an award or settlement for her
vaccine-related injury. Petition at ¶¶ 1, 6. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:21-vv-00809-UNJ Document 41 Filed 12/08/22 Page 2 of 2
On October 28, 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 determined that “[P]etitioner has satisfied the criteria set forth
in the Table and the Qualifications and Aids to Interpretation (“QAI”) for SIRVA . . .” Id. at
5. Respondent further agrees that Petitioner received her vaccination in the United States,
she suffered the residual effects or complications of her injury for more than six months
after vaccine administration, and that there is no evidence of a factor unrelated that is a
more likely cause of Petitioner’s 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_21-vv-00809-1
Date issued/filed: 2023-04-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/08/2023) regarding 44 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00809-UNJ Document 48 Filed 04/11/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-809V
UNPUBLISHED
MARTHA T. CUNNINGHAM, Chief Special Master Corcoran
Petitioner, Filed: March 8, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
John C. Smith, Smith and Smith PLLC, Tucson, AZ, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 28, 2021, Martha T. Cunningham 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), resulting from a tetanus diphtheria acellular pertussis
(Tdap) vaccination she received on January 30, 2019. Petition at 1.
On November 7, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On March 8, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $136,764.34,
including $135,000.00 for pain and suffering and $1,764.34 for out-of-pocket expenses.
Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the
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 1:21-vv-00809-UNJ Document 48 Filed 04/11/23 Page 2 of 5
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 $136,764.34, including $135,000.00 for pain and suffering and
$1,764.34 for out-of-pocket expenses 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 1:21-vv-00809-UNJ Document 48 Filed 04/11/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARTHA T. CUNNINGHAM,
Petitioner,
No. 21-809V
v. Chief Special Master Corcoran
SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 28, 2021, Martha T. Cunningham (“petitioner”) filed a petition for
compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C.
§§ 300aa-1 to –34, as amended (“Vaccine Act” or “Act”). Petitioner alleges that she suffered a
Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of a tetanus,
diphtheria, and acellular pertussis (“Tdap”) vaccination administered on January 30, 2019.
Petition at 1.
On October 28, 2022, respondent filed his Vaccine Rule 4(c) report, recommending that
compensation be awarded. ECF No. 35. On November 7, 2022, this Court issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 36.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $136,764.34, consisting of
$135,000.00 for pain and suffering and $1,764.34 for out-of-pocket expenses. This represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.

Case 1:21-vv-00809-UNJ Document 48 Filed 04/11/23 Page 4 of 5
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 following1: a lump sum payment of $136,764.34, representing
compensation for all elements of economic and noneconomic damages, in the form of a check
payable to petitioner, Martha T. Cunningham.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Martha T. Cunningham: $136,764.34.
Respectfully submitted,
BRIAN BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:21-vv-00809-UNJ Document 48 Filed 04/11/23 Page 5 of 5
s/ Jennifer A. Shah
Jennifer A. Shah
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) 305-2181
Jennifer.shah@usdoj.gov
Dated: March 8, 2023
3