Maureen C. Clavio v. HHS - Tdap, left shoulder injury (2022)
Case summary [AI summaries can sometimes make mistakes]
Maureen Clavio filed a petition alleging a left shoulder injury (SIRVA) caused by a Tdap vaccine she received on February 2, 2012. The Special Master determined that Ms.
Clavio's shoulder pain began approximately two months after vaccination, in April 2012. Because SIRVA is a Table injury requiring onset within 48 hours, Ms.
Clavio's claim was considered off-Table. The Special Master found that the petition was untimely filed, as it was filed more than five years after the onset of symptoms, and the 'lookback' provision for Table revisions did not apply to her off-Table claim.
Even if the claim were timely, the Special Master found that Ms. Clavio failed to establish causation-in-fact under the Althen test, noting insufficient evidence of a logical sequence of cause and effect and a proximate temporal relationship between the vaccination and her injury.
The case was dismissed as untimely and for failure to prove causation.
Source PDFs
USCOURTS-cofc-1_17-vv-01179