Ziyad N. Omar v. HHS - Tdap, right shoulder injury related to vaccine administration (SIRVA) (2026)

Filed 2023-10-11Decided 2026-01-05Vaccine Tdap
entitlement_granted_pending_damages

Case summary [AI summaries can sometimes make mistakes]

On October 11, 2023, Ziyad N. Omar filed a petition on behalf of M.Z.O., his 11-year-old child, alleging that a Tdap vaccine administered on December 8, 2020 caused a right shoulder injury related to vaccine administration.

The record contained a dispute about vaccination site. The electronic vaccine record listed the left deltoid, but M.Z.O.'s father, who translated for the child because Arabic was spoken at home, stated that the vaccine was given in the right deltoid.

He described the right arm becoming red and swollen the next day and said M.Z.O. could not lift the arm. A December 17, 2020 visit recorded right arm pain after a Tdap shot in the right arm, tenderness, and difficulty raising the arm.

Later records described ongoing pain, difficulty holding a book with the right hand, physical therapy and orthopedic care, MRI evidence of subacromial/subdeltoid fluid, and later ultrasound concern for a partial-thickness bursal-surface supraspinatus tear and trace bursopathy. Respondent disputed only the vaccination site.

Chief Special Master Brian H. Corcoran credited the right-arm evidence and found the remaining Table SIRVA requirements satisfied, including severity beyond six months.

Entitlement was granted on January 5, 2026; damages remained pending.

Theory of causation

Tdap vaccine December 8, 2020 at age 11 causing right Table SIRVA; onset next day. ENTITLEMENT GRANTED; damages pending. Site disputed because electronic record listed left deltoid, but father/translator and medical records supported right-arm administration. Evidence: next-day redness/swelling, inability to lift arm, December 17 right arm pain/tenderness, difficulty holding a book, PT/orthopedics, MRI subacromial-subdeltoid fluid, later ultrasound suspected partial-thickness supraspinatus tear/trace bursopathy. Chief SM Brian H. Corcoran; petition October 11, 2023; decision January 5, 2026.

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