Eva Magana v. HHS - MMR, right shoulder pain (2024)

Eva Magana alleges that a Tdap and an MMR vaccine administered on February 18, 2020, caused harm to her right shoulder. The primary dispute in this ruling concerns the exact location and method of administration of these vaccines.

Ms. Magana's medical records show conflicting information regarding which shoulder received which vaccine and when she first sought treatment for right arm pain.

The pharmacist who administered the vaccines, Dr. Trujillo, testified that his records are generally accurate and that he does not recall making errors in documenting vaccine administration.

The court found that the evidence, including the pharmacist's record and some of Ms. Magana's own medical notes, supports the finding that the MMR vaccine was administered subcutaneously into her right shoulder.

The court also found that Dr. Trujillo's testimony and practice indicate the MMR vaccine was administered subcutaneously, not intramuscularly, as Ms.

Magana contended. The ruling directs the parties to provide these findings to their experts and orders Ms.

Magana to file a status report proposing next steps, noting that she may need to amend her petition as she cannot prevail on a claim for shoulder injury related to vaccine administration as currently defined. The ultimate outcome of the case is pending further proceedings.