Kathy F. McMurty v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2025)

Kathy F. McMurty filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a left shoulder injury related to vaccine administration (SIRVA) caused by a Tdap vaccine she received on March 11, 2019.

She reported initial pain a week after vaccination, which developed into severe pain three days later, leading to diagnoses of subacromial bursitis and a rotator cuff tear. Medical records from March to July 2019 showed improvement, with her pain rating at two out of ten and her shoulder functioning at ninety percent by the end of physical therapy in July 2019.

She reported no pain but some popping in July 2019, and her range of motion and strength were full. There was a three-year gap in treatment records until August 2022, when she reported intermittent pain over the preceding three years.

The respondent argued that the petitioner failed to meet the Vaccine Act's severity requirement, which mandates that residual effects or complications of the injury persist for more than six months after vaccination. The court found that the evidence demonstrated a limited period of treatment that resolved by July 2019, well before the six-month mark, and the subsequent three-year gap without treatment meant the injury's persistence could not be proven.

Therefore, the court dismissed the claim for failure to meet the severity requirement.