Megan Swanzer v. HHS - Tdap, shoulder injury related to vaccination (SIRVA) (2022)

Megan Swanzer filed a petition on December 30, 2019, alleging that a Tetanus-Diphtheria-Acellular Pertussis (Tdap) vaccine administered on March 4, 2018, caused a Shoulder Injury Related to Vaccine Administration (SIRVA). At the time of vaccination, Ms.

Swanzer was 47 years old. She reported experiencing right arm pain, numbness, and limited range of motion within six hours of receiving the vaccine.

Her condition was assessed as adhesive capsulitis by her primary care provider, Dr. Bindu Sehgal, who referred her to Dr.

Reuben Gobezie. Records indicate that on March 21, 2018, Dr.

Gobezie administered two ultrasound-guided steroid injections to her right shoulder, and X-ray images of her right shoulder were taken. However, comprehensive medical records from this March 21, 2018, encounter were not obtained, and efforts to subpoena records from Dr.

Gobezie's prior practice were unsuccessful. Ms.

Swanzer did not have further medical encounters for her shoulder for approximately fifteen months. On May 23, 2019, she presented again to Dr.

Gobezie with right shoulder and biceps pain, described as intermittent aching and sharp pain. Dr.

Gobezie noted a previous injection in March for frozen shoulder that provided temporary relief, and he administered further steroid injections to her right shoulder's bicipital tendon and acromioclavicular joint, assessing her with tendinitis and osteoarthritis. She then attended physical therapy starting in June 2020, reporting that her full functional movement had never returned since the vaccination and a subsequent steroid injection.

The physical therapist noted significant functional limitation consistent with the "thawing" phase of adhesive capsulitis. The respondent, the Secretary of Health and Human Services, argued that Ms.

Swanzer failed to show that the shoulder complaints treated in March 2018 were related to those in May 2019, citing the gap in treatment. However, Chief Special Master Brian H.

Corcoran found that Ms. Swanzer had provided sufficient evidence of a SIRVA injury and that the residual effects persisted for more than six months.

The Special Master determined that Ms. Swanzer met all requirements for entitlement under the Vaccine Act, including that the shoulder pain began within 48 hours of vaccination, was limited to the shoulder, and there was no history of prior shoulder pathology or alternative cause.

On February 3, 2022, entitlement was granted. Following this, the parties stipulated to damages.

On August 31, 2022, Megan Swanzer was awarded $51,400.91, consisting of $50,000.00 for pain and suffering and $1,400.91 for past unreimbursable expenses, paid as a lump sum check.