B.B. v. HHS - Tdap, left deltoid tendinopathy / vaccine-related shoulder injury (2025)
Case summary [AI summaries can sometimes make mistakes]
On November 1, 2017, B.B. filed a petition alleging that a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine administered in her left deltoid on August 19, 2015 caused a shoulder injury. She initially alleged SIRVA, but by entitlement briefing she argued that the vaccine had been injected too low and caused left deltoid tendinopathy.
The record gave the injury a human chronology. B.B. had prior neck, back, and shoulder complaints from earlier events, but Special Master Katherine E.
Oler found the post-vaccination pain different. A VAERS report recorded onset about two hours after vaccination.
Emails from October 2015, an insurance claim report, later chiropractic and medical records, and affidavits from B.B., her husband, and her son described immediate electric-shock pain, burning and deep aching, difficulty lifting the arm, pain waking her at night, and continuing symptoms after the family moved to Switzerland. A July 2016 examination documented warmth and tenderness at the deltoid insertion.
B.B.'s expert, Dr. Marko Bodor, diagnosed deltoid tendinopathy and explained that vaccine deposition in the lower deltoid can create chronic inflammation and pain.
Respondent's expert, Dr. Julie Bishop, disputed the diagnosis, causation, and the significance of B.B.'s medical records.
The Special Master found Dr. Bodor more persuasive, credited same-day onset, and held that B.B. had proven an off-Table vaccine-caused deltoid injury under Althen.
Entitlement was granted on April 19, 2024. On August 6, 2025, after respondent proffered damages and B.B. agreed, Special Master Jennifer A.
Shah awarded $63,348.86: $62,500.00 for pain and suffering and $848.86 for past unreimbursable expenses.
Theory of causation
Minor petitioner, age 15; Tdap vaccine August 19, 2015; left deltoid tendinopathy/vaccine-related shoulder injury. COMPENSATED. Off-Table theory: low deltoid vaccine deposition causing chronic inflammatory deltoid tendinopathy and pain. Petitioner expert Dr. Marko Bodor; respondent expert Dr. Julie Bishop. Key proof: VAERS onset about two hours post-vaccination, family affidavits/emails, later records noting left deltoid/shoulder pain after tetanus booster, warmth/tenderness at deltoid insertion, and literature on vaccine-related shoulder dysfunction. Entitlement April 19, 2024; damages August 6, 2025. Award $63,348.86 = $62,500.00 pain/suffering + $848.86 expenses. Counsel: Jessi Huff/Mctlaw on damages.