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

Melissa Ferguson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus diphtheria acellular pertussis (Tdap) vaccine she received on December 20, 2019. The Chief Special Master found that the evidence preponderantly established that her shoulder pain began within 48 hours of vaccination, that she suffered residual effects for more than six months, and that she met the other criteria for entitlement to compensation for a SIRVA.

The court noted that Ferguson presented to urgent care twenty days after vaccination with left upper arm/shoulder pain, describing it as shooting pain and rating it seven out of ten, with limited range of motion. She consistently reported the pain as originating from the Tdap vaccination.

Although there was a gap in treatment due to the COVID-19 pandemic, the court found the statutory severity requirement was met, particularly noting that when Ferguson returned to her orthopedist in October 2020, he treated it as a continuing injury and ordered an MRI. The parties stipulated to an award of $63,000.00, representing all elements of compensation available under the Vaccine Act.

The court awarded this lump sum payment to Melissa Ferguson.