Deanna Cuccia v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)

Deanna Cuccia filed a petition for compensation under the National Vaccine Injury Compensation Program on February 15, 2024. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA), which is a defined Table injury, or alternatively, a caused-in-fact injury.

These alleged injuries occurred after she received tetanus, diphtheria, acellular pertussis (Tdap) and influenza (flu) vaccines on October 4, 2022. Ms.

Cuccia stated that the vaccines were administered within the United States and that she experienced residual effects from her SIRVA for more than six months. She also affirmed that neither she nor any other party had filed a civil action or received compensation for her SIRVA.

The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 22, 2024, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report.

In this report, the Respondent conceded that Petitioner is entitled to compensation. Specifically, the Respondent stated that Ms.

Cuccia's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that she has satisfied all legal prerequisites for compensation under the Act based on the current record. Chief Special Master Brian H.

Corcoran reviewed the Respondent's position and the evidence of record and found that Petitioner is entitled to compensation. The case is proceeding to a determination of damages.

Petitioner's counsel is David John Carney of Green & Schafle, LLC. Respondent's counsel is Kimberly Shubert Davey of the U.S.

Department of Justice. The public decision was issued on November 25, 2024.