Ana Guardiola v. HHS - Tdap, bilateral shoulder injuries related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On July 1, 2020, Ana Guardiola filed a petition alleging bilateral shoulder injuries related to Tdap, influenza, and PCV13 vaccinations administered on July 2, 2018. The record also noted a non-covered Shingrix vaccination that day, but that vaccine was not the basis of the VICP claim.
The case first focused on situs and Table requirements. Walgreens and medical records raised questions about which vaccines were given in which arm.
Chief Special Master Brian H. Corcoran found it more likely than not that the covered vaccines were administered in Ms.
Guardiola's left shoulder. But he dismissed the Table SIRVA claim because her pain and reduced range of motion were not limited to the vaccinated shoulder.
He also noted that the record suggested possible alternative explanations, including cervical disc disease and moderate-to-severe osteoarthritis in the right AC joint, though he did not finally resolve those questions at that stage. The court gave Ms.
Guardiola a final opportunity to pursue any remaining causation-in-fact claim. Her counsel reported that he could not reach her and later withdrew.
The record noted that Ms. Guardiola's primary language was Spanish and that family members often interpreted for her; a family member contacted the Office of Special Masters saying Ms.
Guardiola had no information and that counsel was no longer available. After repeated orders and warnings, Ms.
Guardiola did not file the required status report or additional support. On August 14, 2025, the case was dismissed for failure to prosecute.
No compensation was awarded.
Theory of causation
Tdap, influenza, and PCV13 vaccines on July 2, 2018, adult exact age not stated, alleged bilateral SIRVA. DISMISSED. Chief Special Master Corcoran found it more likely than not that covered vaccines were administered in the left shoulder, but dismissed the Table claim because pain and reduced ROM were not limited to that shoulder; right AC joint osteoarthritis and cervical disease were noted as possible alternative explanations. Petitioner, whose records indicated Spanish as primary language and family interpretation, lost counsel/contact, did not respond to show-cause orders, and the remaining causation-in-fact claim was dismissed for failure to prosecute on August 14, 2025. Attorney: Sean Franks Greenwood, then pro se.
Source PDFs
USCOURTS-cofc-1_20-vv-00801