In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-564V Filed: October 9, 2019 PUBLISHED SUZANNE DEMITOR, Special Master Horner Petitioner, v. Finding of Fact; Shoulder Injury Related to Vaccine Administration; SECRETARY OF HEALTH AND SIRVA; Tetanus Diphtheria acellular HUMAN SERVICES, Pertussis (Tdap) Vaccine; Onset Respondent. Richard Gage, Richard Gage, P.C., Cheyenne, WY, for petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for respondent. FINDING OF FACT1 On April 25, 2017, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that as a result of her July 8, 2014 tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination she suffered a Shoulder Injury Related to Vaccine Administration or “SIRVA,” which is an injury listed on the Vaccine Injury Table. 42. U.S.C. §300aa-14(a) as amended by 42 CFR § 100.3. Respondent recommended that compensation be denied, arguing, inter alia, that there is not preponderant evidence that petitioner’s shoulder pain began within the 48-hour period required by the Vaccine Injury Table and that petitioner’s medical history does not conform to the criteria for establishing a SIRVA. For the reasons described below, I now issue the below finding of fact. I conclude that petitioner has not established by preponderant evidence that the onset of her shoulder pain was within 48 hours of her vaccination or that her pain was limited to the shoulder in which she received her vaccination, both of which are requirements for establishing the presence of a Table SIRVA. 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information the disclosure of which would constitute an unwarranted invasion of privacy. If the special master, upon review, agrees that the identified material fits within this definition, it will be redacted from public access. 1 I. Procedural History As noted above, petitioner initiated this action on April 25, 2017, alleging a Table Injury of SIRVA. (ECF No. 1.) Pursuant to the Vaccine Injury Table and accompanying Qualifications and Aids to Interpretation (“QAI”) an injury must satisfy the following four criteria to be considered a SIRVA: (i) No history of pain, inflammation or dysfunction of the affected shoulder prior to intramuscular vaccine administration that would explain the alleged signs, symptoms, examination findings, and/or diagnostic studies occurring after vaccine injection; and (ii) Pain occurs within the specified time-frame; and (iii) Pain and reduced range of motion are limited to the shoulder in which the intramuscular vaccine was administered; and (iv) No other condition or abnormality is present that would explain the patient’s symptoms (e.g. NCS/EMG or clinical evidence of ...
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