Noelani Bailey v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Noelani Bailey filed her petition on June 14, 2023, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on May 28, 2022 caused a shoulder injury related to vaccine administration. The petition alleged residual effects lasting more than six months and no prior civil recovery for the injury.
Bailey was represented by Leah VaSahnja Durant. Respondent conceded entitlement in a Rule 4(c) report filed on February 21, 2025.
The public ruling contains an apparent wording inconsistency: the claim is described as Tdap-related SIRVA, but the concession sentence says respondent concluded that Bailey's injury was consistent with a GBS injury as defined by the Vaccine Injury Table. The ruling nevertheless states that respondent agreed Bailey satisfied the legal prerequisites for compensation, and the Special Master found her entitled.
The public entitlement ruling does not describe Bailey's first shoulder symptom, exact onset, examination findings, imaging, injections, therapy, work impact, or daily limitations. It also does not provide expert opinions or a detailed causation mechanism.
The safest reading of the public record is that Bailey pursued a Tdap/SIRVA claim, respondent conceded entitlement, and damages remained for later proceedings. Chief Special Master Brian H.
Corcoran found Bailey entitled to compensation on February 24, 2025. No damages award appears in the staged public text.
Theory of causation
Tdap vaccine on May 28, 2022 allegedly causing SIRVA. ENTITLEMENT GRANTED; damages pending in staged public record. Respondent conceded entitlement and legal prerequisites, but public ruling contains apparent wording inconsistency describing the injury as consistent with GBS despite petition/ruling identifying a Tdap-related SIRVA claim. Public ruling provides no onset, treatment, imaging, therapy, experts, or mechanism. Chief Special Master Brian H. Corcoran, entitlement decision February 24, 2025. Petition filed June 14, 2023. Attorney: Leah VaSahnja Durant.
Source PDFs
USCOURTS-cofc-1_23-vv-00892