Saum Eshraghi v. HHS - Tdap, right shoulder cause-in-fact injury resulting from the adverse effects of the tetanus vaccination (SIRVA) (2021)

Saum Eshraghi filed a petition for compensation on January 7, 2019, alleging a Table claim for shoulder injury related to vaccine administration (SIRVA) or, alternatively, a cause-in-fact claim of SIRVA caused by a Tdap vaccine he received on November 1, 2016. The respondent denied that Mr.

Eshraghi sustained a SIRVA, that the vaccine caused his injury, or that his condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on September 22, 2021, agreeing to a settlement.

Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Mr.

Eshraghi $17,500.00 as compensation for all items of damages available under Section 15(a). This award represents a compromise of the parties' respective positions on liability and damages.

The stipulation also provides for future proceedings to award reasonable attorneys' fees and costs. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and the respondent was represented by Traci R.

Patton of the U.S. Department of Justice.