VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00233
Package ID: USCOURTS-cofc-1_24-vv-00233
Petitioner: Deanna Cuccia
Filed: 2024-10-22
Decided: 2024-11-25
Vaccine: Tdap
Vaccination date: 2022-10-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Deanna Cuccia alleged a shoulder injury related to vaccine administration (SIRVA) after receiving Tdap and influenza vaccines on October 4, 2022. The injury was alleged to be a Table injury or, alternatively, a caused-in-fact injury, with residual effects lasting more than six months. The Respondent, Secretary of Health and Human Services, conceded entitlement, agreeing that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner met all legal prerequisites for compensation. No specific medical experts or detailed causation mechanisms were described in the public text. The Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 25, 2024, finding Petitioner entitled to compensation, with damages to be determined. Petitioner's counsel was David John Carney, and Respondent's counsel was Kimberly Shubert Davey.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00233-0
Date issued/filed: 2024-11-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/22/2024) regarding 16 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00233-UNJ Document 19 Filed 11/25/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0233V
DEANNA CUCCIA, Chief Special Master Corcoran
Petitioner, Filed: October 22, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David John Carney, Green & Schafle, LLC, Philadelphia PA, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 15, 2024, Deanna Cuccia 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”), a defined Table injury, or in the alternative a caused-in-fact
injury, after receiving tetanus, diphtheria, acellular pertussis (“Tdap”) and influenza (“flu”)
vaccines on October 4, 2022. Petition at 1 ¶¶ 4, 26-27. Petitioner also alleged that she
received the Tdap and flu vaccines within the United States, that she suffered the residual
effects of her SIRVA for more than six months, and that neither she nor any other party
has filed a civil action or received compensation for her SIRVA, alleged as vaccine-
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:24-vv-00233-UNJ Document 19 Filed 11/25/24 Page 2 of 2
related. Id. at ¶¶ 4, 24-25. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On October 22, 2024, 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 believes “that [P]etitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table.” Id. at 5. He adds that “based upon the
record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation
under the Act.” 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