Linda Ybarra v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2018)

Filed 2016-06-03Decided 2018-01-19Vaccine Tdap
dismissed

Case summary [AI summaries can sometimes make mistakes]

Linda Ybarra filed a petition on June 3, 2016, alleging that the Tdap vaccine she received on November 10, 2013, caused her shoulder injury related to vaccine administration (SIRVA). The respondent was the Secretary of Health and Human Services.

Petitioner counsel was John Howie, Jr., and respondent counsel was Ryan D. Pyles.

Special Master Laura D. Millman presided over the case.

The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments related to the alleged SIRVA. Petitioner's medical records indicated a history of joint pain since age 17, diagnosed as osteoarthritis in her twenties and thirties, and lumbar stenosis.

She also complained of fatigue and generalized aches and pains. Approximately six months prior to a December 9, 2014, medical visit, she reported the insidious onset of left upper arm pain, which radiated into her left dorsal forearm and hand, along with neck soreness and stiffness.

This was diagnosed as SIRVA. However, the medical records did not substantiate her claim of SIRVA.

Furthermore, the petitioner did not provide a medical expert opinion to support her allegations of causation. On January 16, 2018, the petitioner filed a Motion for a Decision Dismissing her Petition, stating she would be unable to prove entitlement to compensation and that proceeding further would be unreasonable and a waste of resources.

Special Master Millman granted the petitioner's motion and dismissed the case on January 19, 2018. The court directed the Clerk of Court to enter judgment accordingly, unless a motion for review was filed.

Theory of causation

Petitioner Linda Ybarra alleged that the Tdap vaccine administered on November 10, 2013, caused her shoulder injury related to vaccine administration (SIRVA). The public decision does not specify the medical theory connecting the vaccine to the alleged injury, nor does it name any medical experts. The petitioner's medical records indicated a history of joint pain and osteoarthritis predating the vaccination. While she reported left upper arm pain approximately six months after vaccination, the medical records did not substantiate the SIRVA diagnosis, and no medical expert opinion was provided to support causation. The petitioner subsequently moved to dismiss her petition, stating she could not prove entitlement to compensation. Special Master Laura D. Millman granted the motion and dismissed the case on January 19, 2018, noting that the Vaccine Act prohibits rulings for a petitioner based solely on unsubstantiated allegations. The case was dismissed without an award.

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