Suzanne Demitor v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Suzanne Demitor filed a petition alleging that her July 8, 2014 Tdap vaccination caused a Shoulder Injury Related to Vaccine Administration (SIRVA). Initially, she claimed it was a Table Injury, but later amended her petition to pursue a causation-in-fact claim.

The court reviewed extensive medical records and testimony. The decision found that Demitor's shoulder pain did not begin within 48 hours of the vaccination, with evidence suggesting onset in late December 2014, over five months later.

Furthermore, her symptoms were not limited to the vaccinated shoulder, as she also reported pain extending into her neck. Because these findings did not meet the criteria for a Table SIRVA, the claim proceeded under the causation-in-fact standard.

However, Demitor failed to provide sufficient evidence, such as expert medical opinions, to establish a logical sequence of cause and effect linking the vaccination to her injury. Her chiropractor and orthopedist did not opine on vaccine causation.

Consequently, the court found that Demitor did not meet her burden of proof for either a Table Injury or a causation-in-fact claim. The petition was dismissed, and no compensation was awarded.