Allison A. Hayes v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)

Allison A. Hayes filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a Tdap vaccine administered on September 11, 2019, caused a shoulder injury related to vaccine administration (SIRVA).

Although the vaccination record indicated the shot was given in her right arm, Hayes consistently reported to medical providers that it was administered in her left arm, experiencing severe pain within hours. Medical records from her primary care physician and an orthopedist documented left arm/shoulder pain, tenderness, swelling, and decreased range of motion, consistent with her claim.

The respondent initially moved to dismiss, arguing Hayes failed to establish a Table SIRVA claim and the statutory severity requirement. However, the court found that Hayes's consistent reporting, corroborated by medical records, established that the vaccine was administered in her left arm.

Furthermore, evidence of continued left shoulder weakness and treatment through June 2020, more than six months after symptom onset, satisfied the severity requirement. The court determined that Hayes met all requirements for a Table SIRVA claim and was entitled to compensation.

Subsequently, a proffer was filed, and the court awarded Hayes $55,000.00 for pain and suffering.