In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 21-893V

UNPUBLISHED

FRANK MARES,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: September 27, 2021

Motion for decision; Dismissal;

Tdap Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION1

On February 8, 2021, Frank Mares filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34,

2

(the “Vaccine Act”). Mr. Mares alleged that he suffered a shoulder injury related to 

vaccine administration (“SIRVA”) from a tetanus, diphtheria, acellular pertussis (Tdap) 

vaccine he received on December 16, 2020. ECF no. 1.

On August 27, 2021, Mr. Mares filed a motion for a decision dismissing the

petition. For the reasons set forth below, Mr. Mares’ motion is GRANTED, and this case

is DISMISSED. 

In the petition, Mr. Mares alleged that he suffered a shoulder injury from a Tdap 

vaccination but did not otherwise detail any of his symptoms or medical treatment. ECF 

1 Although I have not formally designated this Decision for publication, I am required to post it on the United 

States Court of Federal Claims' website because it contains a reasoned explanation for the action in this 

case, in accordance with the E-Government Act of 2002. 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, upon review, I agree that the identified material fits within this 

definition, I will redact such material from public access. 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease 

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
2

No. 1. Aside from a declaration, Mr. Mares did not submit any medical records or other 

supporting documentation with the petition. 

The February 11, 2021 PAR Initial Order required Mr. Mares to file all the 

statutorily required documents, including medical records supporting the vaccination, 

pre-vaccination treatment, and post-vaccination treatment. ECF No. 5. On August 27,

2021, Mr. Mares filed some medical records covering post-vaccination treatment 

through February 2021. Exhibit 3.

On the same date, Mr. Mares filed a motion for a decision dismissing the petition 

stating that “After further investigation, the facts and science supporting his case have 

demonstrated to Petitioner that he will be unable to prove that he is entitled to 

compensation in the Vaccine Program.” ECF No. 9. 

To receive compensation under the National Vaccine Injury Compensation 

Program, a petitioner must prove either 1) that the vaccinee suffered a “Table Injury” –

i.e., an injury falling within the Vaccine Injury Table – corresponding to one of the 

vaccinations, or 2) that the vaccinee suffered an injury that was actually caused by a 

vaccine. See §§ 300aa—13(a)(1)(A) and 11(c)(1). Mr. Mares alleged that he sustained 

a SIRVA Table Injury.

Under the Vaccine Act, a petitioner may not receive compensation based solely 

on the petitioner’s claims alone. Rather, the petition must be supported by either 

medical records or by the opinion of a competent physician. § 300aa—13(a)(1). For a 

Table Injury, among other requirements, a petitioner must establish with supporting 

documentation the severity requirement, that he either suffered the effects of this injury 

for at least six months or the injury resulted in inpatient hospitalization and surgical 

intervention. § 300aa—11(c)(1). Mr. Mares did not file sufficient medical records to 

establish the severity requirement. Moreover, Mr. Mares admitted in the motion for a 

decision that he will not be able to establish entitlement to compensation.

Thus, Petitioner has failed to establish entitlement to compensation in the 

Vaccine Program. This case is dismissed for insufficient proof. The clerk shall 

enter judgment accordingly.3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3

If Petitioner wishes to bring a civil action, he must file a notice of election rejecting the judgment 

pursuant to § 21(a) “not later than 90 days after the date of the court’s final judgment.”