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

Marcus Howard filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccine received on September 20, 2019. He sought compensation, but the respondent argued that he failed to establish that his injury resulted in residual effects lasting more than six months, a requirement for entitlement.

The medical records indicated that Mr. Howard sought treatment for his shoulder pain shortly after vaccination, with intensive treatment for about one month.

However, he did not seek further medical care for his shoulder for nearly three years. During this significant gap in treatment, which spanned the required six-month period, Mr.

Howard attended multiple medical appointments for other conditions without mentioning his shoulder. The court found that the evidence, primarily Mr.

Howard's affidavit, was insufficient to establish that his condition persisted for the statutory six-month duration. Consequently, the court determined that the case lacked a reasonable basis for filing, especially given the clear deficiencies in the medical record regarding the severity requirement.

The court denied the motion for attorney's fees and costs and dismissed the petition for failure to meet the severity requirement.