Lisa Colbert v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (“SIRVA”) (2022)
Case summary [AI summaries can sometimes make mistakes]
Lisa Colbert, an adult, received a Tdap vaccine on February 2, 2015. Within 48 hours, she developed left shoulder pain and limited range of motion, which she alleged was a Shoulder Injury Related to Vaccine Administration (SIRVA).
She sought medical attention shortly after, experiencing worsening pain and later developing numbness and tingling in her arm. Her medical records showed a history of fibromyalgia and other conditions, and later diagnoses included cervical radiculopathy and shoulder issues like bursitis and tendinosis.
The respondent argued that her symptoms were due to pre-existing degenerative conditions and not the vaccine. The court found that while Colbert had a concurrent cervical condition, her shoulder injury was distinct and vaccine-related.
The court ruled that she was entitled to compensation, finding that her injury was caused-in-fact by the Tdap vaccination. The parties later stipulated to an award of $57,500.00 for pain and suffering.
Source PDFs
USCOURTS-cofc-1_18-vv-00166