Mary Ditzian v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On July 10, 2023, Mary Ditzian filed a petition alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination administered on February 4, 2022 caused a shoulder injury related to vaccine administration. The public rulings identify her as an adult but do not state an exact age.
The main dispute was whether pain began within 48 hours. Ms.
Ditzian and family members described throbbing left shoulder pain beginning after the shot, continued pain and reduced range of motion, and practical problems such as difficulty using the shoulder to carry a pan. The first medical treatment came more than six months after vaccination, when records described left shoulder pain for several months, decreased range of motion since the Tdap shot, and later MRI for seven months of shoulder pain.
Chief Special Master Corcoran found on March 31, 2025 that Table onset was established despite the delay in seeking care. After the onset ruling, respondent confirmed that he had no objection to entitlement on grounds other than Table onset.
On December 2, 2025, the Chief Special Master found that the record satisfied all Table SIRVA and Vaccine Act requirements, including no prior shoulder history, pain and reduced range of motion limited to the vaccinated shoulder, receipt of a covered Tdap vaccine in the United States, six-month residual effects, and no prior civil award. Ms.
Ditzian was found entitled to compensation; damages remain pending.
Theory of causation
Adult petitioner; Tdap vaccine February 4, 2022; Table SIRVA. ENTITLEMENT GRANTED, damages pending. Onset disputed because first care was over six months later, but petitioner/family declarations and later medical records tied left shoulder pain/ROM loss to the Tdap shot; no alternative onset records. SM Corcoran found Table onset March 31, 2025 and full entitlement December 2, 2025. Petition filed July 10, 2023.
Source PDFs
USCOURTS-cofc-1_23-vv-01052