Allison Hine v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2025)

Allison Hine, a 30-year-old pregnant woman, filed a petition for compensation under the National Vaccine Injury Compensation Program on April 28, 2023. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on February 7, 2022.

Petitioner counsel was Paul R. Brazil of Muller Brazil, LLP.

Respondent counsel was Eleanor Hanson of the U.S. Department of Justice.

Chief Special Master Brian H. Corcoran issued the ruling on entitlement on September 9, 2025.

Petitioner's past medical history indicated she was 28 weeks pregnant at the time of vaccination and had no prior left shoulder issues. Five days after the Tdap vaccine, on February 11, 2022, Petitioner contacted her OBGYN reporting significant soreness in her left arm, which was recommended to be treated with Tylenol and ice.

On February 13, 2022, she presented to an urgent care facility with left shoulder pain, stating the pain began after the Tdap vaccine and that the injection site was "higher than usual." Examination revealed tenderness, pain at the end of range of motion, and positive signs of impingement. She was diagnosed with bursitis and instructed to continue with Tylenol and ice.

Treatment options were noted as limited by her pregnancy. She had a physical therapy evaluation on March 8, 2022, showing limited range of motion secondary to pain and reduced strength, but was unable to continue due to out-of-pocket costs.

Petitioner gave birth on April 29, 2022. Between March and September 2022, she had four medical appointments for other issues, including postpartum depression, anxiety, and an abdominal hernia, with no specific mention of shoulder pain.

On September 28, 2022, approximately seven months after vaccination, Petitioner saw her primary care provider for ongoing left shoulder pain, described as "post Tdap from pregnancy." Examination showed tenderness and pain, but normal strength and range of motion. She was diagnosed with bursitis again and referred to physical therapy, also receiving a steroid injection.

Respondent argued that Petitioner could not meet the severity requirement due to the nearly seven-month gap in treatment and intervening medical appointments for other conditions. However, the Special Master found the delay in treatment reasonable given her pregnancy and postpartum recovery.

The Special Master determined that Petitioner met the criteria for a Shoulder Injury Related to Vaccine Administration (SIRVA) as a Table injury. This included having no prior history of shoulder issues, timely onset of pain within 48 hours of vaccination, pain limited to the affected shoulder, and no other condition explaining her symptoms.

The Special Master found that Petitioner satisfied the severity requirement, noting that her symptoms persisted despite the gap in formal treatment, though the mild nature of the injury might impact damages. Entitlement to compensation was granted, with damages to be determined later.

The public decision does not describe the specific mechanism of injury or name any medical experts.