Deborah Kay Tomlin v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) and brachial neuritis (2019)

Deborah Kay Tomlin filed a petition alleging that a Tdap vaccine she received on October 1, 2014, caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA) and brachial neuritis. She filed her petition with the Court of Federal Claims on October 2, 2017.

The case progressed as a Table claim, as SIRVA is listed on the Vaccine Injury Table. However, Ms.

Tomlin later filed a motion to dismiss her own petition, stating that upon further investigation of the facts and science, she chose not to proceed. She understood that this dismissal would result in a judgment against her and end her rights in the Vaccine Program.

Respondent, the Secretary of Health and Human Services, reserved the right to question the good faith of the claim but otherwise did not oppose the motion. The Special Master granted the motion, noting that Ms.

Tomlin had not provided sufficient proof, such as medical records or expert opinions, to meet her burden of proof for entitlement. Consequently, the case was dismissed for insufficient proof, and judgment was entered against Ms.

Tomlin.