Jesse Lubin v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2019)

Jesse Lubin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus diphtheria and acellular pertussis (Tdap) vaccine on September 21, 2016. The case was assigned to the Special Processing Unit.

Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Lubin is entitled to compensation.

The respondent agreed that Mr. Lubin suffered SIRVA as defined in the Vaccine Injury Table, that he experienced residual effects for more than six months, and that he satisfied all legal prerequisites for compensation.

Based on the respondent's concession and the evidence, the court found Mr. Lubin entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent filed a proffer indicating that Mr.

Lubin should be awarded $90,000.00, and Mr. Lubin agreed with this proffered award.

The court awarded Mr. Lubin a lump sum payment of $90,000.00 as compensation for all damages.