Mario LePore v. HHS - Tdap, tendinosis changed to SIRVA (2017)

Mario LePore filed a petition alleging that the Tdap vaccine he received on September 14, 2011, caused him tendinosis, later amended to allege Shoulder Injury Related to Vaccine Administration (SIRVA). LePore, an adult audiovisual technician, did not report any right shoulder issues when he saw his personal physician two days after vaccination.

He did not seek treatment for shoulder pain until over a year later, in December 2012, when he saw an orthopedist who diagnosed tendinosis and a possible rotator cuff tear. Over time, LePore provided inconsistent histories to various medical providers regarding the onset and nature of his shoulder pain.

The court noted that SIRVA, a Table injury, requires onset within 48 hours of vaccination, and LePore's earliest medical records did not support this timeline. Despite multiple opportunities and clear warnings, LePore failed to file an expert medical report to substantiate his claim of SIRVA or any other vaccine injury.

The respondent, the Secretary of Health and Human Services, denied that LePore had SIRVA and argued that his medical records did not support the diagnosis. Ultimately, the Special Master dismissed the petition for failure to prosecute, failure to comply with court orders, and failure to establish a prima facie case of causation in fact, as LePore could not prove that the Tdap vaccine caused his alleged injury.