Cherish Moore v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Cherish Moore filed a petition on November 13, 2020, alleging that a Tdap vaccination she received on October 2, 2019, caused her to develop a right Shoulder Injury Related to Vaccine Administration (SIRVA). The Special Master previously issued a Finding of Fact on December 8, 2022, determining that Ms.

Moore experienced pain and shoulder dysfunction within the required timeframe after her vaccination. Respondent, the Secretary of Health and Human Services, filed an amended Rule 4(c) report on January 30, 2023, conceding that Ms.

Moore suffered SIRVA as defined by the Vaccine Injury Table. Respondent acknowledged that Ms.

Moore had no prior history of pain, inflammation, or dysfunction of her right shoulder that would explain her symptoms, that her pain began within 48 hours of the vaccination, that the pain was limited to the right shoulder where the vaccine was administered, and that no other condition or abnormality explained her symptoms. Respondent also acknowledged that Ms.

Moore suffered residual effects of her condition for more than six months. Based on the evidence and respondent's concession, Special Master Thomas L.

Gowen found that Ms. Moore established a Table SIRVA injury and is entitled to compensation.

A separate order will address damages. Petitioner was represented by Jessica A.

Olins of Maglio Christopher & Toale Law Firm, and respondent was represented by Madelyn E. Weeks of the U.S.

Department of Justice. The decision was issued on March 3, 2023.