Rebecca VanDyke v. HHS - tetanus, right shoulder injury related to vaccine administration (SIRVA) (2024)

Rebecca VanDyke filed a petition alleging a right shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus vaccine on July 28, 2020. She claimed the injury, a Table Injury, had residual effects lasting more than six months, though she attributed her limited pursuit of treatment to COVID-19 pandemic safety concerns.

The court ordered her to provide medical records demonstrating the severity requirement and to address evidence of prior right shoulder pain and a potential alternative cause for her symptoms. Despite multiple orders, including a show cause order warning of dismissal, Ms.

VanDyke failed to provide the necessary evidence or respond to the court's directives. The medical records submitted showed only mild symptoms and slight limitations in range of motion during physical therapy sessions in September and October 2020, which were less than four months post-vaccination.

Due to her failure to meet the six-month severity requirement, address prior shoulder pain, or provide a viable alternative cause, and her non-compliance with court orders, the petition was dismissed.