Kathy Stiller v. HHS - Tdap, right shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
On December 2, 2020, Kathy Stiller filed a petition alleging that a Tdap vaccination administered in her right deltoid on October 11, 2019, caused a right shoulder injury related to vaccine administration. Ms.
Stiller had prior neck, mid-back, and jaw complaints but no documented symptomatic right shoulder condition before vaccination. She reported bilateral upper arm pain the night of the shot, worse on the right, with difficulty lifting her arms and putting on a bra.
On October 25, 2019, her primary-care provider suspected a vaccine reaction and prescribed a Medrol dose pack. Orthopedic records in November described immediate right shoulder pain after the Tdap shot, painful shoulder motion, impingement findings, and rotator cuff weakness.
MRI showed tendinosis and partial tearing of rotator-cuff structures, labral fraying, AC joint degeneration, os acromiale edema, bursitis, and effusion. Special Master Horner found that Ms.
Stiller proved a Table SIRVA. Respondent's argument that degenerative findings and anatomic variants explained the symptoms did not defeat entitlement because previously asymptomatic shoulder pathology can be activated by vaccine-related inflammation.
The damages record described a mostly mild but persistent shoulder injury treated conservatively with physical therapy and injections; Ms. Stiller remained active but had pain and limitations for about fifteen months.
On September 3, 2024, Ms. Stiller was awarded $72,621.57: $72,000.00 for pain and suffering and $621.57 for unreimbursable expenses.
A later attorney-fees decision was separate from the injury award.
Theory of causation
Tdap vaccine, October 11, 2019, adult exact age not stated, right shoulder SIRVA. ENTITLEMENT GRANTED November 13, 2023; COMPENSATED September 3, 2024. Key evidence: same-night bilateral upper arm pain worse on right, October-November 2019 PCP/orthopedic records, pain and weakness with impingement signs, MRI showing tendinosis/partial tearing, bursitis/effusion, AC degeneration, and os acromiale edema; respondent's degenerative/anatomic-variant defense rejected because asymptomatic pathology can be activated by vaccination. Award: $72,000 pain/suffering + $621.57 expenses = $72,621.57. Later fees award is not injury compensation. Attorney not used in damages amount.