Deborah Defosses v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2025)

On March 9, 2022, Deborah Defosses filed a petition under the National Vaccine Injury Compensation Program, alleging a left shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccine received on March 12, 2019. Ms.

Defosses, who was 55 years old at the time, stated that the vaccine was initially attempted in her left arm but was aborted due to resistance, and the full dose was subsequently administered in her right arm. Thirteen days later, she reported severe pain in her left arm that disrupted her sleep.

Her primary care physician noted the history of the aborted left-sided injection and the subsequent right-sided administration, with the right arm remaining asymptomatic. Initial examinations showed pain in the left shoulder but normal range of motion, with later appointments noting pain and mild decreases in range of motion.

Diagnostic tests, including an X-ray and an MRI, revealed mild AC joint arthropathy, supraspinatus tendinosis, and a suspected SLAP tear. Ms.

Defosses also saw an orthopedist who assessed impingement syndrome. The respondent initially argued that the claim was not compensable because the vaccine was not fully administered in the left arm.

However, Chief Special Master Brian H. Corcoran, in a ruling on entitlement dated January 28, 2025, found that the initial attempt at vaccination in the left arm, which involved needle penetration and likely some antigen introduction, constituted a covered event under the Vaccine Act.

He determined that Ms. Defosses had established entitlement to compensation for a Table SIRVA claim, as the injury met the criteria for SIRVA and causation was presumed.

The case then proceeded to the damages phase. On April 16, 2025, Chief Special Master Corcoran issued a decision on damages based on a stipulation between the parties.

Ms. Defosses was awarded a total of $61,268.94.

This included a lump sum of $60,000.00 for pain and suffering, paid via ACH deposit to her counsel's IOLTA account, and a lump sum payment of $1,268.94 to satisfy a Rhode Island Medicaid lien, issued as a check payable jointly to Ms. Defosses and Optum.

Petitioner was represented by David John Carney of Green & Schafle LLC, and Respondent was represented by James Vincent Lopez of the U.S. Department of Justice.