Claire Rutz v. HHS - Tdap, biceps tendinitis (2021)

Claire Rutz filed a claim alleging that she suffered left shoulder injuries, later specified as biceps tendinitis, as a result of her Tdap vaccination on November 12, 2016. She initially filed her petition on April 17, 2018, and amended it on March 4, 2019.

The respondent filed a Rule 4 report recommending against compensation. The case proceeded through multiple reassignments and extensions for the petitioner to obtain an expert report.

Despite being granted over a year and multiple extensions, the petitioner was unable to secure an expert opinion, citing difficulties related to the COVID-19 pandemic. The medical records indicated pain and tendinitis in the left elbow, with some physicians noting it was possibly vaccine-related, but no medical opinion sufficiently supported vaccine causation.

The court found that the petitioner did not suffer a SIRVA (Shoulder Injury Related to Vaccine Administration) Table injury and failed to meet her burden of proof for an off-Table claim, as she could not establish a medical theory of causation or provide a competent physician's opinion. The court denied the petitioner's request for further extensions and dismissed the petition for failure to prosecute and failure to meet her burden of proof.