Donna Smith v. HHS - Tdap, right shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Donna Smith filed a petition alleging a right shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on December 28, 2018. She claimed the onset of pain occurred within 48 hours of vaccination and that her symptoms were limited to her right shoulder.
The court found that the onset of pain likely occurred within 48 hours and that the pain was limited to the right shoulder. However, the court determined that the petitioner failed to establish that she had no prior history of right shoulder pain, inflammation, or dysfunction that could explain her post-vaccination symptoms, citing evidence of suspected calcific tendinitis in 2016 and confirmed calcific tendinopathy in 2019.
Because this criterion for a Table SIRVA claim was not met and further factual development was needed, the case was dismissed from the Special Processing Unit and reassigned to a regular Special Master for potential consideration as an off-Table claim.
Source PDFs
USCOURTS-cofc-1_20-vv-00300