Gabriel Mejias v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Gabriel Mejias filed a petition alleging that a Tdap vaccine administered on February 25, 2019, caused him to develop a Shoulder Injury Related to Vaccine Administration (SIRVA). The case was assigned to the Special Processing Unit.

Respondent initially contested entitlement, arguing Petitioner failed to meet the severity requirement and that other conditions could explain his symptoms. Petitioner argued he had established entitlement for an on-Table SIRVA claim and sought compensation for pain and suffering.

After a hearing, the court found Petitioner entitled to compensation and awarded damages. The medical records showed Petitioner experienced left arm pain and limited range of motion within two days of vaccination, consistent with SIRVA.

Despite an eight-month gap in treatment due to financial constraints, Petitioner's symptoms persisted and were linked back to the vaccination. The court found Petitioner met the Table criteria for SIRVA, including no prior history of shoulder problems, onset within 48 hours, pain limited to the affected shoulder, and no other condition explaining the symptoms.

The court awarded Gabriel Mejias $45,000.00 for actual pain and suffering, noting the treatment course was relatively mild with no surgery or extensive physical therapy, and no future pain and suffering component was awarded due to lack of evidence of permanent injury.