Mary Grace Ferreira v. HHS - Tdap, right-sided shoulder injury related to vaccine administration (SIRVA) (2024)

Mary Grace Ferreira filed a petition alleging a right-sided shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccine received on June 27, 2019. The petition was filed on January 12, 2021.

After the respondent filed a Rule 4(c) report, the court issued an Order to Show Cause due to the petitioner's failure to establish the six-month severity requirement. In response, Ms.

Ferreira filed a Motion for a Decision Dismissing her Petition, stating that further investigation showed she could not prove entitlement to compensation. She acknowledged that proceeding would be unreasonable and waste resources.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury. The record lacked sufficient evidence for either, including medical records or a medical expert's opinion to demonstrate a vaccine-caused injury.

Consequently, the court denied Ms. Ferreira's claim and dismissed the case for insufficient proof.

Judgment was to be entered accordingly.