Clifton v. Secretary of Health and Human Services, 20-1813

Petitioner Linda Charlene Clifton filed a Vaccine Program petition on December 8, 2020, alleging that a Tdap vaccination she received on December 20, 2017 caused left shoulder injuries (bursitis, biceps tendinitis, adhesive capsulitis/SIRVA).
Medical records and timing: Respondent found no preexisting shoulder condition, and records showed onset of pain within 48 hours of vaccination with pain and reduced range of motion limited to the vaccinated shoulder.
On February 4, 2022, Respondent filed a Rule 4(c) Report conceding entitlement to compensation under the Vaccine Act, relying on the regulatory SIRVA table criteria (42 C.F.R. § 100.3(a)(XIV)(B), (c)(10)).
Respondent’s concession reasoned petitioner met the table-presumption factors: no prior shoulder history, onset within 48 hours, symptoms limited to the injected arm, and no alternative explanation.
Special Master Katherine E. Oler issued a ruling on entitlement the same day, accepting Respondent’s concession and finding Petitioner entitled to compensation; damages phase to follow.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to compensation for a SIRVA/table shoulder injury after Tdap vaccination	Clifton asserted the Tdap caused left shoulder bursitis, biceps tendinitis, and adhesive capsulitis meeting table SIRVA criteria	Respondent conceded entitlement, asserting records satisfy table-presumption factors (no prior shoulder problem, onset ≤48 hours, localized symptoms, no alternative cause)	Special Master found petitioner entitled to compensation based on Respondent’s concession and the record; damages phase deferred

None (ruling based on the Vaccine Act/regulatory table and Respondent’s concession)