Michael Washburn v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2023)

Michael Washburn filed a petition alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccine received on August 28, 2017. Initially, the vaccination record indicated the Tdap vaccine was administered in his left arm, along with a pneumococcal vaccine.

However, three days later, Mr. Washburn sought treatment for significant right arm pain, reporting the Tdap vaccine was given in his right arm.

Medical records documented limited range of motion, tenderness, and pain in his right shoulder, leading to diagnoses of myositis, bursitis, impingement, and tendinitis. He underwent physical therapy for several months, and while he showed improvement, residual limitations persisted.

The court found that the evidence, including Mr. Washburn's consistent reporting to medical providers and contemporaneous communications with friends, preponderantly supported that the Tdap vaccine was administered in his right arm.

The court also found that Mr. Washburn met the six-month severity requirement, as residual symptoms and limitations persisted beyond that period, although the injury was considered mild.

The case proceeded as a Table SIRVA claim. Ultimately, the parties stipulated to an award of $45,675.73, comprised of $45,000.00 for pain and suffering and $675.73 for past unreimbursable expenses.