A.P. v. HHS - MMR, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

A.P. filed a petition alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) to her left shoulder as a result of receiving the measles, mumps, and rubella (MMR) vaccination on June 8, 2016. The initial ruling on entitlement, filed January 31, 2022, denied her claim as a Table injury because the MMR vaccine is intended for subcutaneous, not intramuscular, administration.

However, the ruling granted her petition as a cause-in-fact claim, finding that the MMR vaccine was inadvertently administered high on her left shoulder into the subacromial bursa, causing her injury. The ruling also found that her shoulder pain began within 48 hours of vaccination.

On February 9, 2023, a decision on stipulation was entered, awarding A.P. $41,000.00 in compensation for all damages. The respondent acknowledged the prior entitlement ruling but maintained a contrary position on the Table SIRVA claim, agreeing not to seek review and settling the case.