Joseph Rubino v. HHS - Pneumococcal, right shoulder injury related to vaccine administration (SIRVA) (2021)

Joseph Rubino filed a petition for compensation under the National Vaccine Injury Compensation Program on December 30, 2019. He alleged that he received a pneumococcal conjugate vaccine on October 31, 2018, and subsequently suffered a right shoulder injury related to vaccine administration (SIRVA) that lasted for more than six months.

The respondent denied that Mr. Rubino sustained a SIRVA injury within the Table time period and denied that the vaccine caused his alleged injury.

Despite these denials, the parties filed a joint stipulation on November 23, 2021, agreeing that compensation should be awarded. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Mr.

Rubino was awarded a lump sum of $30,575.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on November 24, 2021.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the mechanism of injury. Petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP, and respondent was represented by Dhairya Divyakant Jani of the U.S. Department of Justice.