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

Lisa Sullivan filed a petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccination on June 16, 2017. She reported immediate burning and tingling pain in her shoulder and neck following the injection, returning to the emergency department the same day.

Subsequent medical records documented ongoing pain, decreased range of motion, and tenderness. Over time, her diagnoses evolved to include rotator cuff pathology, impingement syndrome, bursitis, axillary nerve injury, cubital tunnel syndrome, carpal tunnel syndrome, and complex regional pain syndrome (CRPS).

The court considered whether her condition met the Table criteria for SIRVA. However, the extensive medical records revealed multiple other conditions and abnormalities, particularly CRPS and various neuropathies, which could explain her symptoms.

Due to the presence of these alternative explanations, the court found that the fourth criterion for a Table SIRVA claim (no other condition or abnormality present that would explain the patient's symptoms) could not be met. Therefore, Lisa Sullivan's Table claim for SIRVA was dismissed.

The decision noted that the matter could potentially proceed as a causation-in-fact claim.