Ashley Middleton v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)

Ashley Middleton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccination on December 15, 2020. The respondent conceded that her injury was consistent with a SIRVA and that she satisfied the legal prerequisites for compensation.

The court found that Ms. Middleton was entitled to compensation.

The case proceeded to a damages hearing, where the parties could not resolve the matter informally. Ms.

Middleton received a Tdap vaccine in her right shoulder on December 15, 2020, and reported shoulder pain that same day. She sought treatment several weeks later, reporting severe pain and decreased range of motion, and was diagnosed with adhesive capsulitis.

Her treatment involved physical therapy, an MRI, oral steroids, and a cortisone injection. She continued to experience shoulder pain, and an MRI revealed tendinopathy and a partial thickness tear of the supraspinatus tendon.

She was diagnosed with frozen shoulder with tendinopathy and underwent additional physical therapy. The court awarded Ms.

Middleton $89,000.00 for actual pain and suffering, finding that she suffered a moderate SIRVA over approximately two and a half years. This award represents compensation for all items of damages available under Section 15(a).