Doreen E. Beer v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2023)

Doreen E. Beer filed a petition alleging that the Tdap vaccine she received on June 22, 2012, caused a shoulder injury related to vaccine administration (SIRVA).

She claimed this was a Table injury. The petition was filed on March 7, 2019.

The respondent argued that Ms. Beer's claim was time-barred unless it qualified as a Table SIRVA, and further contended that her injury did not meet the criteria for Table SIRVA.

The court agreed that the claim was time-barred if not a Table SIRVA. The decision focused on whether Ms.

Beer met the specific criteria for a Table SIRVA, which include no prior history of shoulder issues, pain within the specified timeframe, pain and reduced range of motion limited to the affected shoulder, and no other condition explaining the symptoms. The court found that Ms.

Beer's medical records showed complaints of pain, numbness, and swelling in areas beyond her left shoulder, including her arm, elbow, hand, leg, neck, and face, shortly after vaccination. These widespread symptoms were inconsistent with the Table's requirement that pain be limited to the shoulder.

Although the court found no conclusive evidence of an alternative condition explaining her shoulder pain, the failure to meet the shoulder-specific pain criterion meant she could not establish entitlement to a Table SIRVA. As her claim was otherwise time-barred, the petition was denied and dismissed.