Melinda Mae Robinson v. HHS - Tdap, right shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2021-01-12Decided 2025-09-23Vaccine Tdap
compensated$105,000

Case summary [AI summaries can sometimes make mistakes]

On January 12, 2021, Melinda Mae Robinson filed a petition alleging a right shoulder SIRVA after a Tdap vaccination given during an emergency-department visit for a cut thumb on March 11, 2019. The vaccination record said the shot was administered in the left deltoid, but Ms.

Robinson consistently maintained that it was actually placed high in her right arm. Two weeks after vaccination, Ms.

Robinson reported a two-week history of right shoulder pain and said the pain started two days after the injection. She had full motion but pain and mild weakness.

Steroids helped only partly. A later MRI showed subacromial/subdeltoid bursal fluid, impingement, and rotator-cuff tearing, while EMG/NCS testing was normal.

Orthopedist Dr. Kevin Collins diagnosed a partial rotator-cuff tear, gave a cortisone injection, and then performed right shoulder arthroscopic debridement, subacromial decompression, rotator cuff repair, and biceps tenodesis on August 29, 2019.

Ms. Robinson attended about 49 physical therapy sessions through May 2020.

By then her range of motion was functional, but she still had pain with lifting and overhead reaching and diminished strength. She later returned to care in 2022 reporting that she still could not lift more than three pounds with her right hand, though imaging showed an intact repair and no further surgery was recommended.

Her affidavits described a high injection site, blood running down her arm after the shot, difficulty pulling up pants the next day, months of pain, and ongoing limits with ordinary household tasks. Her husband and nurse daughter corroborated the change.

Respondent argued that the vaccine record controlled and showed a left-arm injection. Chief Special Master Brian H.

Corcoran found the broader evidence proved the Tdap shot was more likely given in the right arm, then found the Table SIRVA and severity requirements met. On September 23, 2025, he awarded $105,000.00 for pain and suffering, finding a mild-to-moderate injury lasting about 15 months.

Ms. Robinson was represented by Bridget Candace McCullough of Muller Brazil, LLP.

Theory of causation

Tdap vaccine during emergency visit, March 11, 2019, adult inferred, alleged right Table SIRVA despite vaccine record saying left deltoid. COMPENSATED after contested situs/damages. Key evidence: petitioner and family affidavits describing right-arm injection and high bandage site, March 25, 2019 report of right shoulder pain starting two days after injection, steroids, MRI with subacromial/subdeltoid bursal fluid/impingement/rotator cuff tears, normal EMG/NCS, June 2019 cortisone injection, August 29, 2019 arthroscopic debridement/subacromial decompression/rotator cuff repair/biceps tenodesis, 49 PT visits through May 2020, and later pain/weakness complaints after a two-year treatment gap. Respondent disputed situs and damages. Chief Special Master Corcoran found right-arm situs proven and awarded $105,000 pain/suffering. Decision September 23, 2025. Attorney Bridget McCullough; respondent Felicia Langel.

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