VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00649
Package ID: USCOURTS-cofc-1_24-vv-00649
Petitioner: Nancy Smacchi
Filed: 2025-03-05
Decided: 2025-04-07
Vaccine: Tdap
Vaccination date: 2022-07-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Nancy Smacchi filed a petition for compensation under the National Vaccine Injury Compensation Program on March 5, 2025. She alleged that a tetanus diphtheria and pertussis (Tdap) vaccination received on July 22, 2022, caused a shoulder injury related to vaccine administration (SIRVA), which is a Table Injury. Smacchi further stated that her injury resulted in residual effects lasting more than six months and that she had not received any prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 28, 2025, conceding that Smacchi is entitled to compensation. The respondent agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table and that all other legal requirements for compensation had been met. Based on the respondent's concession and the evidence, the Chief Special Master found that Nancy Smacchi is entitled to compensation, with the damages to be determined in a subsequent decision.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00649-0
Date issued/filed: 2025-04-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/05/2025) regarding 19 Ruling on Entitlement. (Signed by Chief Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:24-vv-00649-UNJ Document 23 Filed 04/07/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-649V
NANCY SMACCHI, Chief Special Master Corcoran
Petitioner, Filed: March 5, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Patrick Dougherty, Dougherty, Leventhal, & Price, Kkngston, PA, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 24, 2024, Nancy Smacchi 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 “Table Injury” of a shoulder injury
related to vaccine administration (“SIRVA”) as the result of a tetanus diphtheria and
pertussis vaccination received on July 22, 2022. Petition at 1. Petitioner further alleges
that she suffered the residual effects of her injury for more than six months, and that there
has been no prior award or settlement of a civil action on her behalf as a result of her
injury. Petition at 1, 7. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
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-00649-UNJ Document 23 Filed 04/07/25 Page 2 of 2
On February 28, 2025, 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
Conceding Entitlement to Compensation at 1. Specifically, Respondent has concluded
that Petitioner’s injury is consistent with a SIRVA as defined by the Vaccine Injury table.
Id. at 4. Respondent further agrees that Petitioner has suffered the sequela of her injury
for more than six months and all other legal requirements have been met 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