Muriel J. Duval v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2026)

Muriel J. Duval filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccination received on August 28, 2020.

Initially, the case proceeded with allegations of SIRVA, but respondent contended that the condition was not limited to the shoulder and was explained by a neurologic condition. Petitioner's treating physician later opined that the injury was brachial neuritis, a Table injury.

Respondent's experts disputed both SIRVA and brachial neuritis. The case involved significant uncertainty regarding the correct diagnosis, with petitioner exploring both musculoskeletal and neurologic injury theories.

Ultimately, the court found that the petition, alleging SIRVA, maintained a reasonable basis, even if barely, throughout its pendency. This decision addresses motions for interim attorneys' fees and costs.

Petitioner is awarded a total of $110,559.09 in interim attorneys' fees and costs, with $18,623.97 allocated to former counsel Kelly Burdette and $91,935.09 to current counsel Christopher Webb.