Lorrie Jones v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On December 6, 2017, Lorrie Jones filed a petition alleging that a Tdap vaccination she received on October 25, 2016, caused a Shoulder Injury Related to Vaccine Administration (SIRVA). Ms.
Jones, who was 51 years old at the time, also received influenza and pneumococcal vaccines in her other shoulder. She initially sought medical care for unrelated conditions and did not report shoulder pain until approximately three months post-vaccination, when she saw an orthopedist.
Her medical records from an earlier visit with a neurologist noted no joint pain and normal shoulder examination findings. Ms.
Jones's left shoulder pain progressed, leading to a diagnosis of impingement syndrome, osteoarthritis, and a rotator cuff tear. She underwent surgery for the rotator cuff tear and a bursectomy.
Despite physical therapy, she continued to experience pain and limitations. Petitioner's experts, Dr.
Clifford Colwell, Jr. and Dr. Uma Srikumaran, opined that her injury was consistent with SIRVA, proposing a mechanism involving an immune-mediated inflammatory reaction due to improper injection technique.
Respondent's expert, Dr. Paul Cagle, argued against a Table SIRVA claim, citing the delayed onset of symptoms and the presence of pre-existing conditions like fibromyalgia and osteoarthritis that could explain her symptoms.
He also questioned the MRI findings, suggesting they were consistent with age-related degeneration rather than acute inflammation. Special Master Herbrina Sanders, in a ruling on entitlement dated September 29, 2023, found that Ms.
Jones did not meet the criteria for a Table SIRVA, primarily due to the delayed onset of symptoms and the potential explanation of her symptoms by pre-existing conditions. However, the Special Master determined that Ms.
Jones had presented sufficient evidence for an off-Table SIRVA claim, establishing a medical theory, a logical sequence of cause and effect, and a proximate temporal relationship between the vaccination and her injury. The case then proceeded to damages.
In a decision dated February 21, 2025, Special Master Herbrina D. S.
Young awarded Ms. Jones $1,590.13 for out-of-pocket expenses and $125,000.00 for past pain and suffering, totaling $126,590.13.
The Special Master noted that while Ms. Jones's injury was significant and required surgery, her delayed seeking of treatment and the lack of continuous medical documentation of ongoing post-surgical pain influenced the final award amount, distinguishing it from cases with higher awards.
Theory of causation
Tdap vaccine on October 25, 2016, age 51, with influenza and pneumococcal vaccines in the other shoulder, alleged SIRVA. COMPENSATED. Petitioner reported immediate pain to family, but medical documentation of shoulder pain appeared months later and respondent disputed entitlement. After entitlement/damages proceedings, compensation was awarded; award recorded as $126,590. Later attorney-fee decision did not change merits outcome.