Maryeileen Scott v. HHS - Tdap, brachial neuritis (2026)

Filed 2021-11-12Decided 2026-02-09Vaccine Tdap
dismissed

Case summary [AI summaries can sometimes make mistakes]

On November 12, 2021, Maryeileen Scott filed a petition alleging that a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine administered on November 19, 2018 caused brachial neuritis. She also received a rabies vaccine that day, after earlier rabies doses on October 29 and November 5, 2018.

The case centered on onset. Ms.

Scott was working at a veterinary clinic, where rabies vaccination was required and Tdap was presented as another requirement connected to animal-bite risk. Before the series, she described herself as active and without left shoulder problems.

The records later showed left shoulder pain repeatedly tied to the rabies series. A VAERS report identified the third rabies vaccine, not Tdap, and gave an onset date of November 20, 2018.

Orthopedic, neurology, and physical-therapy records described left shoulder pain, limited motion, paresthesia, C8-T1 brachial neuritis, and later residual weakness, but many entries attributed the problem to rabies vaccination. Special Master Nora Beth Dorsey held an onset hearing.

She found by preponderant evidence that Ms. Scott's pain began after the second rabies vaccine on November 5, 2018 and before the covered Tdap vaccine on November 19, 2018.

Because onset preceded the covered vaccine and followed a non-covered rabies vaccine, Ms. Scott could not establish a Table Tdap injury or causation-in-fact.

The parties then jointly moved to dismiss, and the case was dismissed with prejudice on February 9, 2026, with no compensation award.

Theory of causation

Adult petitioner; Tdap vaccine and rabies vaccine November 19, 2018; earlier rabies doses October 29 and November 5, 2018; alleged Table/off-Table brachial neuritis. DISMISSED. Onset was dispositive: records, VAERS, treating notes, and hearing testimony tied left shoulder pain to the rabies series, with onset after the November 5 rabies vaccine and before the covered Tdap vaccine. SM Nora Beth Dorsey found onset preceded Tdap and followed a non-covered vaccine, defeating Table and causation-in-fact theories. Petition filed November 12, 2021; fact ruling January 7, 2026; dismissal February 9, 2026. No award.

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