Muhand Haddad v. HHS - Tdap, left-sided Table shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Muhand Haddad filed a petition for compensation under the National Vaccine Injury Compensation Program on February 10, 2021, alleging a left-sided shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccine received on July 2, 2019. The case proceeded as a Table claim.
The primary dispute was whether the onset of Petitioner's shoulder pain occurred within 48 hours of vaccination, as required for a Table SIRVA claim. Petitioner stated he felt immediate pain and a sensation of the needle hitting something hard upon vaccination, with pain progressively worsening throughout the day and into the following days.
While Petitioner did not seek treatment for his shoulder pain until over five months later, and did not explicitly link it to the vaccine until December 12, 2019, the court found that the totality of the evidence, including Petitioner's declarations and later medical records, supported an onset close in time to the vaccination. The court noted that delays in seeking treatment for SIRVA are common and do not automatically preclude a finding of Table onset.
The court concluded that it is more likely than not that the onset of Petitioner's shoulder pain began within 48 hours of vaccination. However, the court also noted that remaining issues regarding pre-existing symptoms and alternative explanations for the condition would need to be addressed.
The decision granted entitlement on the onset issue but left other criteria and damages to be determined.
Source PDFs
USCOURTS-cofc-1_21-vv-00904