Love v. HHS — Court finds Tdap-related shoulder injury compensable

Case
Erica Love v. Secretary of Health and Human Services
Court
U.S. Court of Federal Claims, Office of Special Masters
Judge
Chief Special Master Brian H. Corcoran (Judges of the U.S. Court of Federal Claims (majority vote), 2014)
Date Decided
August 31, 2026
Docket No.
25-2142V
Topics
Vaccine Act; SIRVA; Tdap vaccine
Source
Read the full opinion

Background

Erica Love sought compensation under the National Vaccine Injury Compensation Program for a shoulder injury related to vaccine administration (SIRVA). She alleged that she received a Tdap vaccination on July 26, 2024, and suffered a resulting left-shoulder injury.

Love alleged that the vaccine was administered in the United States, that her injury caused residual effects for more than six months, and that she had neither filed a civil action nor received other compensation for the vaccine-related injury.

The Court’s Holding

Chief Special Master Brian H. Corcoran found Love entitled to compensation. The ruling followed the Secretary’s Rule 4(c) concession that Love established a compensable Table SIRVA.

The Secretary concluded that Love had no pre-vaccination left-shoulder pain, inflammation, or dysfunction explaining her later symptoms; that shoulder pain began within 48 hours of an intramuscular tetanus-toxoid-containing vaccination; that pain and reduced range of motion were limited to the vaccinated side; and that no other condition explained the symptoms. The Secretary also agreed that Love’s residual effects lasted more than six months and that she met the Vaccine Act’s compensation requirements.

Key Takeaways

  • A respondent’s Rule 4(c) concession supported a finding of entitlement to Vaccine Act compensation.
  • The court found the requirements for a Table SIRVA satisfied after a Tdap vaccination.
  • Absence of a preexisting shoulder condition and onset within 48 hours were central to the entitlement determination.

Why It Matters

The ruling illustrates the evidence supporting a Table SIRVA claim under the Vaccine Act: no relevant pre-vaccination shoulder condition, timely onset after a tetanus-toxoid-containing intramuscular vaccination, symptoms confined to the vaccinated shoulder, and no alternative explanation.

The decision resolves entitlement only; it does not state the amount of compensation.

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