Sylvia Rowe v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)

Sylvia Rowe filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a Table injury. She received a Tdap vaccine in her right deltoid on September 26, 2018, and subsequently developed a shoulder injury related to vaccine administration (SIRVA).

The primary dispute in the case was the situs of the Tdap vaccination, with the respondent initially arguing it was administered in the left shoulder based on an electronic record. However, the court found that the petitioner's contemporaneous medical records, her declaration explaining her request for separate vaccination sites, and consistent reporting of right shoulder pain following the Tdap vaccine provided preponderant evidence that the vaccine was administered in her right shoulder.

The court determined that Ms. Rowe met all the criteria for a Table SIRVA claim, including no prior history of shoulder dysfunction, pain onset within 48 hours, and symptoms limited to the vaccinated shoulder without other explanatory conditions.

Following the ruling on entitlement, the parties stipulated to an award of $50,220.00 for all damages. The decision was issued on January 2, 2024.