Marcea Jones v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Marcea Jones filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccine received on October 2, 2019. The petition did not detail her symptoms or treatment, and no medical records were initially submitted.
After being ordered to provide supporting documentation, Ms. Jones later filed a motion for a decision dismissing her petition, stating that an investigation demonstrated she would be unable to prove entitlement to compensation.
The decision noted that for a SIRVA claim, there must be no history of prior shoulder pain or dysfunction that would explain the post-vaccination symptoms. Medical records indicated Ms.
Jones had bilateral shoulder pain before the vaccination, and she conceded she could not establish entitlement. Consequently, the Chief Special Master granted her motion, dismissing the case for insufficient proof.
Source PDFs
USCOURTS-cofc-1_21-vv-00631